Raushan Rain @ Roushan Raen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18257 of 2021 Arising Out of PS. Case No.-30 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== RAUSHAN RAIN @ ROUSHAN RAEN Son of Late Hadis Rain Resident of Village - Surgahiya, P.S.- Parihar, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 290 of I.P.C. and Section 37(b)/37(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that the accused persons were consuming liquor.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in this case

Patna High Court CR. MISC. No.18257 of 2021(2) dt.06-04-2021 2/2 on disclosure made by co-accused. There is no recovery of liquor 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. On behalf of the State, it is submitted that the petitioner is 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 six 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 and Sessions Judge II-cum-Special Judge (Excise), Sitamarhi in connection with Punaura P.S. case No.30 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T