Chako Dhari @ Pradeep Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35757 of 2018 Arising Out of PS.Case No. -2 Year- 2015 Thana -KORMA District- SEKHPURA ======================================================

1. Chako Dhari @ Pradeep Kumar, Son of Ayodhya Dhari,

2. Rash Bihari Dhari, Son of Lakhan Dhari, Both are resident of VillageMurarpur, P.S.- Korma, District- Sheikhpura. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Gajendra Kumar Singh, Advocate. For the Opposite Party : Mr. Anil Prasad Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2018 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 Sections 272, 273 of the IPC and Section 47(a) of the Bihar Excise Act.

The prosecution story, in brief, is that total 120 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioner no. 1 has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 120 liters wine is recovered by the side of the river in abandoned state. The name of the petitioners has come on the basis of secret information as per F.I.R. The source and genuineness of secret information has not

Patna High Court Cr.Misc. No.35757 of 2018 (3) dt.06-07-2018 2/2 been disclosed by the prosecution. 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 1st Additional District and Sessions Judge, Sheikhpura, in connection with Excise Case No. 17 of 2017, arising out of Korma P.S. Case No. 02 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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