Mumtaj Rain @ Md. Mumtaj Rain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7355 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== 1.

Mumtaj Rain @ Md. Mumtaj Rain, (Male), aged about 25 years, Son of Bidio Rain @ Md. Wajul Haqu, Resident of village - Sursand, Ward No.- 07, P.S.- Sursand, District - Sitamarhi.

2.

Md. Tauhid Rain @ Sonu Rain @ Sonu, aged about 25 years, Son of Ali Rain, Resident of village - Sursand, Ward No.- 07, P.S.- Sursand, District - Sitamarhi.

3.

Md. Sajjad Rain @ Md. Shahjad Rain, (M), aged about 25 years, Son of Sabir Rain, Resident of village - Sursand, Ward No.- 07, P.S.- Sursand, District - Sitamarhi.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Devendra Kumar, Advocate For the Opposite Party :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Sursand P.S. Case No. 144/2022 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 375 ML wine is said to have been recovered by the side of the road.

Patna High Court CR. MISC. No.7355 of 2023(2) dt.29-04-2023 2/3 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 375 ML wine is recovered by the side of the road. The petitioners are named in the F.I.R. The names of the petitioners have transpired in the present case on the basis of confessional statement of the co-accused, namely, Sahid Rai. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. 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. Learned counsel for the petitioners has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-Versus-The State of Bihar).

On behalf of the State, it is submitted that the

Patna High Court CR. MISC. No.7355 of 2023(2) dt.29-04-2023 3/3 petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, the petitioners, 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 bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-II, Sitamarhi, in connection with Sursand P.S. Case No. 144 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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