Patna High CourtCR. MISC./19307/2018bail granted

Chunnu Paswan And ORS v. The State Of Bihar

2018-04-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19307 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Chunnu Paswan

2. Sujit Tanti

3. Rajesh Vishwakarma @ Nepali

4. Deepak Pan @ Deepak Pam &

5. Uday Sonar .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-04-2018 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 200 liters wine is recovered.

It has been submitted on behalf of the petitioners that except petitioner No. 1, four 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 Sudama Kumar Tanti. Except for this, there is no other

Patna High Court Cr.Misc. No.19307 of 2018 (2) dt.03-04-2018 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 200 liters wine is recovered from the tempo in question. The tempo in question, does not belong to the petitioners. 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 Special Judge, Excise Act, Gaya in connection with Muffasil P.S. Case No. 41 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T