Ram Nirekhan Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26132 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. Ram Nirekhan Rai, son of Kuldip Rai, Resident of Ghaus Nagar, P.S.- Runnisaidpur, District- Sitamarhi, Bihar.
2. Upendra Singh, son of Late Ram Lakhan Singh, Resident of VillageKorlahiya, P.S.- Runnisaidpur, District- Sitamarhi, Bihar.
3. Samir Kumar, son of Nawal Kishore Rai, Resident of Village- Sahpur, Mustfapur, P.S.- Minapur, District- Muzaffarpur, Bihar. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sanjay Kumar Singh, Advocate. For the State : Mr. Amit Kumar Rakesh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2018 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 414/34, 272, 273 of Indian Penal Code, 30(a), 38, 41 and 48 of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 950 ML wine is said to have been recovered.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 950 ML wine
Patna High Court Cr.Misc. No.26132 of 2018 (2) dt.01-05-2018 2/2 is recovered by the side of vehicles of the petitioners. The name of the petitioners has come on the basis of alleged recovery made by the side of vehicles of the petitioners. The petitioners are alleged to be owner of the vehicles in question. 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 Special Judge, Excise, Muzaffarpur, in connection with Minapur P.S. Case No. 7 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T