Raghunath Uraw @ Raghunath Uranw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17111 of 2021 Arising Out of PS. Case No.-138 Year-2020 Thana- GAUNAHA District- West Champaran ====================================================== 1.

RAGHUNATH URAW @ RAGHUNATH URANW Son of Late Sukar Uraw Resident of Village- Rupwaliya, Dhangar Toli, Police StationGaunaha, District- West Champaran. 2.

Bhuneshwar Uraw @ Muneshwar Uraw Son of Late Sitaram Uraw Resident of Village- Rupwaliya, Dhangar Toli, Police Station- Gaunaha, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 7 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.17111 of 2021(2) dt.25-06-2021 2/3 allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. It is alleged that 5 litre and 2 litres wine is recovered from joint house of the petitioner Nos. 1 & 2 respectively. 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.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let 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 their personal bond to the satisfaction of Shri Pawan Kumar Pandey, learned Special Judge, Excise Act, Bettiah, West Champaran in connection with Gaunaha P.S. Case No. 138 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.17111 of 2021(2) dt.25-06-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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