Anil Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13908 of 2018 Arising Out of PS.Case No. -216 Year- 2017 Thana -BHELDI District- SARAN ======================================================

1. Anil Sah, Son of Kedar Sah,

2. Lalita Devi, Wife of Anil Sah, Both residents of Village- Laher, P.S.- Bheldi, District- Saran.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sanjana, Advocate. For the Opposite Party : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-03-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 188, 272, 273/34 of the IPC, 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 35 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 35 liters wine is recovered from the house of Durga Prasad. The name of the

Patna High Court Cr.Misc. No.13908 of 2018 (2) dt.13-03-2018 2/2 petitioners has come on the basis of disclosure made by coaccused Dhanraj Kumar. It is further submitted that Durga Prasad has not been made accused in the present case from whose house the alleged recovery has been made. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. 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 or 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 the learned Additional District & Sessions Judge-VI, Saran at Chapra, in connection with Bheldi P.S. Case No. 216 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T