Aziz @ Md. Aziz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6565 of 2023 Arising Out of PS. Case No.-248 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

AZIZ @ MD. AZIZ, (Male), aged about 40 years, S/O MD. MUSLIM, R/vBarkurwa, Lakhan Sarai Tej Singh, P.S.- Lalganj, District- Vaishali. 2.

FEKU @ FEKU MAHTO, (Male), aged about 46 years, S/O BALESHWAR MAHTO, R/v- Lakhan Sarai Vihunpur Vasdev, P.S.- Lalganj, District- Vaishali.

3.

HANUMAN @ BINOD PASWAN, (Male), aged about 33 years, S/O SOBHIT PASWAN @ MD. MUSLIM, R/v- Prataptand, P.S.- Bhagwanpur, District- Vaishali.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party :

Mr. Bishweshwar Ram, 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 Bhagwanpur P.S. Case No. 248 of 2022 for the offence registered under Sections 467, 468, 120(B) of the I.P.C. and Sections 30(a), 32(i)(ii),36,41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 2264.76 liters wine is said to have been recovered from the Truck and Bolero Jeep in question.

Patna High Court CR. MISC. No.6565 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 2264.76 liters wine is recovered from the Truck and Bolero Jeep in question. None of the vehicles belongs to the petitioners. 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. 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).

Patna High Court CR. MISC. No.6565 of 2023(2) dt.29-04-2023 3/3 On behalf of the State, it is submitted that the 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-1-cum-Additional District and Sessions Judge, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 248 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