Subodh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5941 of 2023 Arising Out of PS. Case No.-661 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== SUBODH PRASAD SINGH Son of Late Sidhi Singh Resident of New Officers Colony, Mirchaibari, P.S.- Sahayak, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 30 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. It is alleged that 30 liters wine is recovered from two motorcycles. The name of the petitioner has transpired as being owner of one of the motorcycles in question. The said motorcycle was sold by the petitioner prior to the alleged date of occurrence vide Annexure-2 to this application to one Deepak Kumar Ram. Except for this, there is no other substantive

Patna High Court CR. MISC. No.5941 of 2023(2) dt.20-04-2023 2/2 evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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 Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

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 Addl. District and Sessions Judge, Exclusive Excise Court No. 2, Katihar in connection with G.R. No. 5180/2022, Regd. No. 131/2022 (arising out of Katihar Town P.S. case No. 661 of 2022), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T