Lal Babu Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40561 of 2018 Arising Out of PS.Case No. -296 Year- 2018 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Lal Babu Rai, S/o Late Rajendra Rai,

2. Raja Kumar @ Arbind Kumar S/o Lal Babu Rai, Both of R/o Vill.- Susta, P.S.- Sadar, District, District- Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Mazharul Hassan, Advocate. For the Opposite Party : Smt. Anusuiya Jaiswal, APP 81 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 86.94 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 86.94 liters wine is recovered from the Bathan in question. The name of the

Patna High Court Cr.Misc. No.40561 of 2018 (2) dt.13-07-2018 2/2 petitioners has come on the basis of alleged recovery made from the Bathan belongs to joint family of the petitioners. 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Muzaffarpur, in connection with Sadar Police Station Case No. 296 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./AbhijeetU T