Patna High Court - Orders
Munna Mishra & Anr vs The State Of Bihar on 25 October, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64797 of 2018
Arising Out of PS. Case No.-360 Year-2017 Thana- MUFFASIL District- West Champaran
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1. Munna Mishra, S/o Late Shankar Mishra, R/o Panchhor, P.S.-
Rega, District- Sitamarhi.
2. Raj Kumar Mandal, S/o Anand Mandal, R/o Hemraj Colony, P.S.-
Bijnaur, District- Bijnaur, Uttar Pradesh, Presently posted at
H.P.C.T., Lauriya, P.S.- Lauriya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey
For the Opposite Party/s : Mr. Dinesh Singh
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 25-10-2018Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 30(D), 35, 41 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 49,300 liters spirit 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 in the present case merely on the basis of suspicion. Except for this, there is no other substantive evidence to suggest the implication Patna High Court Cr.Misc. No.64797 of 2018(2) dt.25-10-2018 2/2 of the petitioners in this case. It is alleged that 49,300 liters spirit is recovered from two tankers and one tractor parked at R.K. Petrol Pump. 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. Other co-accused has been granted anticipatory bail vide Cr.Misc.No.62913 of 2018.
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, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. case No.360 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Narendra/- (Sudhir Singh, J) U T