Bikky Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42851 of 2018 Arising Out of PS. Case No.-175 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ======================================================

1. Bikky Singh, Son of Gobardhan Singh, R/o Village- Jagatpur, P.S.- Barhara (Krishngarh), District- Bhojpur.

2. Sonu Singh, S/o Late Bhim Singh,

3. Pawan Singh @ Golu Singh @ Gulu, S/o Late Bhim Singh,

4. Kavilato Kunwar, W/o Late Bhim Singh, All 2 to 4 R/o VillRampur, P.S.- Ara Muffasil District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Hari Mohan Tripathi For the Opposite Party/s :

Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 470.910 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners No.2, 3 and 4 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the disclosure of co-accused Ranjeet Singh. Except for this, there is

Patna High Court Cr.Misc. No.42851 of 2018(2) dt.19-07-2018 2/2 no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 470.910 liters wine is recovered from co-accused Ranjeet Singh and Ramashankar Singh. 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.

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 Special Judge, Excise, Ara, District Bhojpur in connection with Excise case No.907 of 2018 arising out of Ara Muffasil P.S. case No.175 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T