Bambam Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39366 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- MOHAMMADPUR District- Gopalganj ======================================================

1. Bambam Singh, Son of Chandrabhan Singh @ Manshi Singh,

2. Anuj Kumar Singh @ Anuj Singh, Son of Upendra Singh, Both residents of village- Kashi Tengrahi, P.s.- Mohammdapur, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey For the Opposite Party/s :

Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2018 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 180 ml. 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 co-accused namely Upendra Singh. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.39366 of 2018(2) dt.11-07-2018 2/2 the implication of the petitioners in this case. It is alleged that 180 ml. wine is recovered from Upendra Singh. 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 learned A.D.J.-IIcum- Special Judge, Excise, Gopalganj in connection with Mohammadpur P.S. Case No. 79 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T