Barauni Manjhi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50246 of 2018 Arising Out of PS.Case No. -235 Year- 2018 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Barauni Manjhi, S/o Harichandra Manjhi,

2. Shankar Paswan S/o late Maheshwar Paswan,

3. Chandan Sow @ Saw S/o Late Nunulal Sao, All R/o Vill.- Rasunpur, P.S.- Warisaliganj, District- Nawada.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Prasad Singh For the State : Mr. C. Jawahar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2018 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 22 litres wine and 1450 litres raw material 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 transpired on the basis of disclosure made by the local residents. The name of local residents, who have named the petitioners, has not been disclosed by the prosecution. Except for this,

Patna High Court Cr.Misc. No.50246 of 2018 (2) dt.18-08-2018 there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 22 litres wine and 1450 litres raw material is recovered from five different places by the side of the Paine. 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 A.D.J.-II, Nawada in connection with Warisaliganj P.S. Case No. 235 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