Patna High CourtCR. MISC./20489/2018bail granted

Satyendra Rai And ORS v. The State Of Bihar

2018-04-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20489 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- SAHPUR District- Bhojpur ======================================================

1. Satyendra Rai, S/o Late Ram Sakal Rai,

2. Sanjay Yadav,

3. Manjay Yadav Both Son of Late Shiv Narayan Yadav, All R/o Village- Suremanpur , P.S.- Shahpur, District- Bhojpur.

4. Dinesh Thakur @ Sipahi S/o Indradeo Thakur , R/o VillageRajpur P.S.- Bihiya , District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2018 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 1215 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 names of the petitioners have come on the basis of secret information as per F.I.R. The source and genuineness

Patna High Court Cr.Misc. No.20489 of 2018(2) dt.06-04-2018 2/2 of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 1215 liters wine is recovered from the community hall in question. 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/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 ADJ 4th Bhojpur, Ara in connection with Shahpur P.S. Case No. 49/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T