Alok Kumar @ Pappu@ Pappu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71662 of 2018 Arising Out of PS. Case No.-210 Year-2018 Thana- VAISHALI District- Vaishali ======================================================

1. Alok Kumar @ Pappu @ Pappu Kumar,

2. Mithilesh Kumar, Both Sons of Rama Shankar Mahto, Resident of Village- Rampur Jurawanpur, P.S.- Vaishali, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 30(A), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 6.720 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has transpired as the alleged recovery is made from the field situated at the house of the petitioners. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.71662 of 2018(2) dt.12-12-2018 2/2 evidence to suggest the implication of the petitioners in this case. It is alleged that 6.720 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.

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) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise, Vaishali at Hajipur in connection with Vaishali P.S. case No.210 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T