Piar Choudhary @ Natwar Gopal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51190 of 2018 Arising Out of PS. Case No.-142 Year-2017 Thana- DAWATH District- Rohtas ======================================================
1. Piar Choudhary @ Natwar Gopal, S/o Devendra Prasad Singh @ Kishun Choudhary, R/o Mohalla- Choudhary Muhalla, Koath, P.S.- Dawath, District- Rohtas.
2. Vinay Yadav @ Vinay Kumar Singh S/o Lalan Singh, R/o Yogini, P.S.- Dawath, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sada Nand Roy For the Opposite Party/s :
Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Section 457 of the I.P.C. and Sections 30(a), 34, 35, 38 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 24 liters wine is recovered.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the basis of disclosure made by the local residents as per F.I.R. The name of local residents, who have named the petitioners, has not been disclosed by the prosecution. Except for
Patna High Court Cr.Misc. No.51190 of 2018(2) dt.20-08-2018 2/2 this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 24 liters wine is recovered from the abandoned house. The abandoned house in question do not belong to the petitioners. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Dawath P.S. case No.142 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T