Nawal Rai @ Nawal Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13583 of 2021 Arising Out of PS. Case No.-528 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

Nawal Rai @ Nawal Kishore Rai S/O Late Brahamdeo Ray Resident Of Village Narayanpur Mal, P.S.-SARAIYA (SIKANDRAPUR O.P.), DistrictMuzaffarpur. 2.

Dilip Rai @ Dilip Kumar S/O Nawal Rai @ Nawal Kishore Rai Resident Of Village Narayanpur Mal, P.S.-SARAIYA (SIKANDRAPUR O.P.), DistrictMuzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar. Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 272, 273/34 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 746.625 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no

Patna High Court CR. MISC. No.13583 of 2021(2) dt.27-07-2021 2/3 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The names of the petitioners have transpired in this case on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 746.625 liters wine is recovered from the pick up van and Bolero car. None of the vehicles in question belongs to the petitioners. The petitioners had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioners.

There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner are named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Saraiya P.S. case No.

Patna High Court CR. MISC. No.13583 of 2021(2) dt.27-07-2021 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T