Lakkar Das @ Vishwanath Das @ Lakhad Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72816 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- BACHHWARA District- Begusarai ======================================================

1. Lakkar Das @ Vishwanath Das @ Lakhad Das,

2. Rahul Das,

3. Shiv Nath Das, All Sons of Lal Babu Das, All resident of Village- Narepur (West), P.S.- Bachhwara, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 11.250 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 names of the petitioners have transpired as the recovery is made from a toilet belonging to joint family of the petitioners. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.72816 of 2018(2) dt.06-12-2018 2/2 evidence to suggest the implication of the petitioners in this case. It is alleged that 11.250 liters wine is recovered from the toilet belonging to the joint family of 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./complaint case. 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) each with two sureties of the like amount each to the satisfaction of Sri Anil Kumar Sinha, Additional Sessions Judge-II, Begusarai in connection with Bachhwara P.S. Case No. 147/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T