Shashi Kant Singh @ Shashi Kant Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61617 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- KHUSRUPUR District- Patna ======================================================

1. Shashi Kant Singh @ Shashi Kant Prasad, Son of Late Ram Chandra Singh,

2. Rakesh Kumar @ Doman, Son of Awadh Bihari Singh, Both residents of Village- Haiwatpur, P.S.- Khusrupur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2018 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 78.075 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 as the field in question belongs to the joint family of the petitioner. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.61617 of 2018(2) dt.04-10-2018 2/2 the implication of the petitioners in this case. It is alleged that 78.075 liters wine is recovered from the field in question. 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 Special Judge, Excise, Patna in connection with Special Case No. 5434/18, arising out of Khusrupur P.S. Case No. 130/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T