Shashi Baranwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9815 of 2023 Arising Out of PS. Case No.-559 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== SHASHI BARANWAL Wife of Ashok Kumar Baranwal Resident of 323/2 Galla Mandi Kotwali Ke Pichhe, P.S.- Sultanpur City, District - Sultanpur (U.P.) ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar Mishra, Advocate For the Opposite Party :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-272, 273/34 of the Indian Penal Code and Section-30(a) of the Bihar Prohibition and Excise Act. The prosecution case, in short, is that 522.360 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. The name of the petitioner has transpired in this case as he is said to be owner of the truck, in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 522.360 liters wine is recovered from the truck, in

Patna High Court CR. MISC. No.9815 of 2023(2) dt.29-04-2023 2/2 question. The truck, in question is run as a public transport. The petitioner had no knowledge regarding the nature of goods booked by transporter. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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 Cr. 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.

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 Exclusive Special Excise Court No. 2, Samastipur in connection with Tajpur (Halai) P.S. Case No. 559 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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