Patna High Court - Orders
Tetar Das @ Tetar Ravidas & Anr vs The State Of Bihar on 4 December, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72180 of 2018
Arising Out of PS. Case No.-639 Year-2017 Thana- BARACHATTI District- Gaya
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1. Tetar Das @ Tetar Ravidas son of Late Gaggu Das
2. Sahdeo Bhuia son of Late Chutar Bhuia, both resident of village Dhanawa,
P.S. Barachatti, District Gaya
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kr. Sinha
For the Opposite Party/s : Smt. Sharda Kumari
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 04-12-2018Heard 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), 30(d), 38, 47 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 300 kg mahua flower and 10 liter 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. The name of the petitioners has transpired as the alleged recovery is made from the joint house of the petitioners where the other family members also reside. Except for this, Patna High Court Cr.Misc. No.72180 of 2018(2) dt.04-12-2018 2/2 there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 300 kg mahua flower and 10 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.
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, Gaya in connection with Barachatti P.S. case No.639 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/-
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