Ganesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80870 of 2019 Arising Out of PS. Case No.-561 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

GANESH PASWAN Son of Yogendra Paswan Resident of Village- Daud Chhapra, P.S.- Minapur, District- Muzaffarpur. 2.

Ramesh Chaudhary Son of Ram Sharan Chaudhary @ Rodhan Choudhary Resident of Village- Daud Chhapra, P.S.- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2019 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 of I.P.C. and Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 2.750 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 2.750 liters wine is recovered. Nothing incriminating has been recovered from the conscious

Patna High Court CR. MISC. No.80870 of 2019(2) dt.10-12-2019 2/2 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) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Minapur P.S. case No.561 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T