Suresh Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13383 of 2018 Arising Out of PS. Case No.-243 Year-2017 Thana- BASANTPUR District- Siwan ======================================================
1. Suresh Singh,
2. Chandrashekhar Singh,
3. Manoj Singh, All S/o Late Rishidev Singh,
4. Munna Kumar @ Munna Kumar Singh.
5. Pappu Singh @ Sandeep Kumar Singh, Both S/o Suresh Singh.
6. Chandan Kumar @ Chandan Singh, S/o Manoj Singh, All Resident of Village- Bagahi, P.S.- Basantpur, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Pandey For the Opposite Party/s :
Mr. MURLIDHAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 332, 353, 272, 273/308, 504, 506 of the Indian Penal Code and Section 30 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 483.880 liters wine is recovered.
There is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired as the alleged recovery is made from different
Patna High Court Cr.Misc. No.13383 of 2018(2) dt.13-03-2018 2/2 premises belonging to the joint family of the petitioners. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 483.880 liters wine is recovered from altogether six different places. 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) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Siwan in connection with Basantpur P.S. Case No. 243 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T