Sanjay Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12892 of 2021 Arising Out of PS. Case No.-81 Year-2020 Thana- MARANCHI District- Patna ====================================================== 1.

SANJAY BIND S/o Late Bhonu Bind R/o village- Purani Kasha Diara, P.S.- Maranchi, District- Patna 2.

MAHESH BIND SON OF LATE BIRAN BIND R/o village- Purani Kasha Diara, P.S.- Maranchi, District- Patna 3.

HARERAM BIND SON OF SONAR BIND R/o village- Purani Kasha Diara, P.S.- Maranchi, District- Patna 4.

SIKANADER NISHAD SON OF SURENDRA NISHAD R/o villagePurani Kasha Diara, P.S.- Maranchi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-05-2021 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 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 60 liters mahua wine is recovered.

Patna High Court CR. MISC. No.12892 of 2021(2) dt.27-05-2021 2/3 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 petitioners have falsely been implicated in this case. The names of the petitioners have come on the basis of disclosure made by the local residents as per F.I.R. The names of local residents, who have named the petitioners, have 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 60 liters mahua wine is recovered from the bank of the river. 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 petitioners are named in the complaint case/F.I.R.

Patna High Court CR. MISC. No.12892 of 2021(2) dt.27-05-2021 3/3 Maranchi P.S. case No.81 of 2020 (Special case No.4177 of 2020), subject to the conditions as 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