Amlesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6515 of 2018 Arising Out of PS. Case No.-171 Year-2017 Thana- RIGA District- Sitamarhi ======================================================

1. Amlesh Kumar, Son of Ganesh Rai, Resident of VillagePanchhor, P.S.- Riga, District- Sitamarhi.

2. Bittu Paswan @ Tamatar @ Bikku Paswan, Son of Ganesh Paswan, R/o Village- Sangram Fandah Ward No-17, P.S.- Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. RABINDRA KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 123 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 on the basis of disclosure made by the co-accused namely Ramji Rai. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.6515 of 2018(3) dt.09-03-2018 2/2 the implication of the petitioners in this case. It is alleged that 123 liters wine is recovered from the car in question. The car in question does not belong to the petitioner. 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 A.D.J.-IIcum- Special Judge, Excise Act, Sitamarhi in connection with Riga P.S. Case No. 171 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