Ram Sakha Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3295 of 2023 Arising Out of PS. Case No.-373 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Ram Sakha Ram Son Of Anup Ram R/O Village/Mohalla- Sahpur, Ward No.05, P.O.- Bhoja, P.S.- Chhaurahi, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bipin Kumar, Advocate For the Opposite Party :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-37(a), 41, 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution case, in short, is that 347.4 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the FIR. His name has transpired in this case as he is said to be owner of the tempo, in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 347.4 liters wine is recovered from the tempo in question. The tempo, in question is run as a public carrier.

Patna High Court CR. MISC. No.3295 of 2023(2) dt.21-04-2023 2/2 The petitioner had no knowledge regarding the nature of goods kept in the tempo. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve 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 Additional District Judge-II, Sheikhpura in connection with Sheikhpura P.S. Case No. 373 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T