Vinay Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63602 of 2018 Arising Out of PS.Case No. -80 Year- 2018 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================

1. Vinay Singh Son of late Ramdhani Singh

2. Bahadur Singh Son of Dudh Nath Singh

3. Budha Singh Son of Dudh Nath Singh All Resident of Village- Dhawai, Police Station- Dawath, District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 30(a), 35, 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 35.640 litres wine is recovered.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioners has transpired on the basis of disclosure made by the local Chowkidar. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.63602 of 2018 (2) dt.10-10-2018 petitioners in this case. It is alleged that 35.640 liters wine is recovered from Khalihan belonging to one Shankar Dayal. 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.

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 learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Dawath P.S. Case No. 80 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T