Sunil Bhuiyan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7960 of 2018 Arising Out of PS. Case No.-264 Year-2017 Thana- MADANPURA District- Aurangabad ======================================================
1. Sunil Bhuiyan, S/o Late Mahesh Bhuiyan,
2. Viphan Bhuiyan S/o Late Mahesh Bhuiyan @ Late Chanarik Bhuiyan,
3. Lalan Bhuiyan S/o Hari Bhuiyan, All R/o Village- Belwan P.S.- Madanpur, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Nivedita Nirvikar For the Opposite Party/s :
Mr. NITYANAND TIWARY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-02-2018 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), 30(d), 38 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 21 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 name of the petitioners has transpired as the alleged recovery is made from the joint houses of the petitioners where the other family members also reside. Except for this,
Patna High Court Cr.Misc. No.7960 of 2018(2) dt.12-02-2018 2/2 there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 21 liters country made liquor is recovered from the joint houses 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.
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 Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Madanpur P.S. Case No. 264 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T