Chhotu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38799 of 2018 Arising Out of PS.Case No. -80 Year- 2018 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Chhotu Kumar son of Umakant Singh, resident of Village- Kochgaon, P.S. Warisaliganj, District- Nawada.

2. Sonu Kmar @ Budhu @ Budhu Kumar @ Budhu Singh, son of Late Ranbir Singh, resident of Village- Ghostama, P.S. Silao, District- Nalanda, presently C/o Siya Singh, son of Late Kuldip Singh (Grand Cousin son i.e. Nati), resident of Village- Kochgaon, P.S. Warisaliganj, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== 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 30(a) & 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 87 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 come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is

Patna High Court Cr.Misc. No.38799 of 2018 (2) dt.11-07-2018 no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 87 liters wine is recovered from a community hall. 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 2nd Additional Sessions Judge-cum-Special Judge, Nawada in connection with Warisaliganj P.S. Case No. 80 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T