Vijay Gupta @ Vijay Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39396 of 2018 Arising Out of PS. Case No.-343 Year-2018 Thana- AHIAPUR District- Muzaffarpur ======================================================

1. Vijay Gupta @ Vijay Sah, Son of Dhanraj Sah,

2. Sanjay Sah, Son of Dhanraj Sah, Both resident of VillageBasghatta, P.S.- Katra, District Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273, 420, 468, 482, 483/34 of the Indian Penal Code and Sections 30, 33, 34(a), 36, 54(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 60 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 petitioners are said to be landlord of the premises in question. Except for this, there is no other

Patna High Court Cr.Misc. No.39396 of 2018(2) dt.11-07-2018 2/2 substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 60 liters wine is recovered from Aditya Anubhar who is tenant of 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./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 Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 343 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T