( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2722 OF 2010 1. Babubee w/o. Shaikh Wahid .. Applicants Age. 35 years, Occ. Household, R/o. Naiabadi, Nanded. 2. Ganesh s/o. Shankarrao Mari Age. 50 years, Occ. Labour, R/o. Somesh Colony, Nanded. 3. Wahed Khan @ Chand Pasha s/o. Gulam Mohammed, Age. 42 years, Occ. Business R/o. Mill Area, Nanded. Versus The State of Maharashtra .. Respondent Through Police Station, Vazirabad, Nanded. Mrs. A.N. Ansari, Advocate for the applicants. Mr. B.J. Sonawane, A.P.P. for the respondent. CORAM : V.R. KINGAONKAR, J. DATED : 23.08.2010 P.C. :- 1. This application is filed under section 438 of the Criminal Procedure Code seeking anticipatory bail. The ( 2 ) applicants apprehend their arrest in connection with Crime No. 159 of 2010, registered at Vazirabad Police Station, Nanded, for offences under sections 272, 273 and 328 of the Indian Penal Code read with section 65 (E) of the Bombay Prohibition Act. 2. Allegedly, one Laxman Shankar Mari was found vending Toddy mixed with some dangerous intoxicant/chemical. On basis of secret information, his house was searched on 28th June, 2010. The police recovered certain polythene pouches containing 500 ml of such spurious Toddy. 3. The applicants were not named in the F.I.R., but were suspected as the main suppliers of the spurious Toddy to said Laxman Shankar Mari. 4. Upon hearing learned counsel for the applicants, learned A.P.P. and on going through the relevant investigation papers, it transpires that the secret information received by the police did not indicate that the applicants were the main suppliers of Toddy to the vendor, by name, Laxman Shankar Mari. Nor there was immediate ( 3 ) disclosure made by Laxman Shankar Mari of their names when the F.I.R. was registered. It appears that statement of one Guru Rajayya Konda was recorded during course of investigation. Learned A.P.P. invited my attention to his statement in support of case of the prosecution regarding complicity of the present applicants. His statement was recorded on 23.07.2010 i.e. nearly about three weeks after the seizure was effected. His version also does not prima facie corroborate the case of the prosecution as regards supply of spurious Toddy, though he stated that the spurious Toddy was being brought by applicant Nos. 1 and 3 from Basar and it was being reached at a time to the residence of Laxman Shankar Mari. This statement does not show that the spurious Toddy recovered on 28th June, 2010 was the same one from the stock which was allegedly supplied by applicant Nos. 1 & 3. His police statement prima facie shows that he had learnt about the recovery of such spurious Toddy from the house of said Laxman Shankar Mari. Considering the nature of evidence collected and the prima facie link tried to be established, the applicants are entitled to seek liberty. 5. In the result, the application is allowed. The ad- ( 4 ) interim anticipatory bail granted to the applicants is confirmed and if arrested they are directed to be released on bail on furnishing of P.B. & S.B. in sum of Rs. 15,000/- (Rupees Fifteen Thousand Only) each, before the Arresting Officer. The application is disposed of. [V.R. KINGAONKAR,J.] snk/2010/AUG10/cra2722.10