Sujeet Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58851 of 2018 Arising Out of PS. Case No.-731 Year-2018 Thana- BIHTA District- Patna ======================================================

1. Sujeet Paswan son of Kamta Paswan @ Kamta Prasad

2. Pappu Paswan son of Mansha Paswan, both are resident of village Parab, Police Station Bihta, District Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2018 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), 37(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 172 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioner No.1 has 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 Binod Paswan. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.58851 of 2018(2) dt.19-09-2018 2/2 petitioners in this case. It is alleged that 172 liters wine is recovered under the bridge. 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) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special case No.6200 of 2018 arising out of Bihta P.S. case No.731 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T