Bablu Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50169 of 2018 Arising Out of PS. Case No.-515 Year-2018 Thana- SITAMARHI District- Sitamarhi ======================================================

1. Bablu Sah, S/o Raj Deo Sah,

2. Chanchal Kumar Mandal @ Chanchal Mandal, S/o Late Kishori Mandal, Both resident of Village- Bhasar Gote, P.S. and DistSitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 342, 323, 353, 504/34, 290, 291 of the Indian Penal Code and Sections 30(a), 37(b), 37(c) and 45 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that the petitioners were found in drunken state.

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 due to mistake of fact. It is alleged that the petitioners tried to protest

Patna High Court Cr.Misc. No.50169 of 2018(2) dt.16-08-2018 2/2 on the arrest of co-accused Prem Paswan and Sanjeev Paswan. There is no recovery of liquor from the possession of the petitioners.

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 A.D.J.-IIcum- Special Judge, Excise Act, Sitamarhi in connection with Sitamarhi P.S. Case No. 515 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T