Sunil Ram @ Sunil Kumar Ram @ Baba And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57200 of 2018 Arising Out of PS. Case No.-334 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ======================================================

1. Sunil Ram @ Sunil Kumar Ram @ Baba Son of Late Hiraman Ram

2. Raju Ram @ Raju Kumar Ram Son of Late Hiraman Ram, Both are resident of Village- Bhatwaliya, Police Station- Siwan Muffasil, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the I.P.C. and Sections 30(a), 38(i), 41(i) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 120.960 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 disclosure of co-accused Raju Yadav. Except for this, there is no

Patna High Court Cr.Misc. No.57200 of 2018(2) dt.13-09-2018 2/2 other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 120.960 liters wine is recovered from the side of the School. 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 aer 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Siwan Muffasil P.S. case No.334 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