Mohan Rai @ Mohan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81954 of 2019 Arising Out of PS. Case No.-405 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== 1.

MOHAN RAI @ MOHAN RAY Son of Virendra Ray Resident of Village - Bansauhi Dera, P.S.- Basantpur, Distt.- Siwan. 2.

Vijay Rai @ Vijay Ray Son of Virendra Ray Resident of Village - Bansauhi Dera, P.S.- Basantpur, Distt.- Siwan.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 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, 273 308 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 1.980 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 transpired as the alleged recovery is made from the joint house of the petitioner where other family members also reside. Except for this, there is

Patna High Court CR. MISC. No.81954 of 2019(2) dt.18-12-2019 2/2 no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 1.980 liters wine is recovered from the joint house of the petitioners. 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 2nd Additional Sessions Judge-cum- Special Judge, Excise, Siwan in connection with Basantpur P.S. Case No. 405 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T