Mukesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8882 of 2022 Arising Out of PS. Case No.-35 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

Mukesh Das Son Of Late Yogi Das Resident Of Village- Harpur Kala Math Tola,P S- Majorganj, Dist- Sitamarhi 2.

Pappu Das @ Badhu Das Son Of Late Yogi Das Resident Of Village- Harpur Kala Math Tola,P S- Majorganj, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

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

The petitioners are apprehending their arrest in connection with Majorganj P.S. case No.35 of 2020 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 54.600 liters wine is recovered.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.8882 of 2022(2) dt.04-03-2022 2/3 the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The names of the petitioners have transpired in this case on the basis of disclosure made by the local residents as per F.I.R. The names of local residents, who have named the petitioners, have not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 54.600 liters wine is recovered from the open field in abandoned state. The petitioners had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioners. 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 complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional

Patna High Court CR. MISC. No.8882 of 2022(2) dt.04-03-2022 3/3 Sessions Judge-cum-Special Judge (Excise), Sitamarhi in connection with Majorganj P.S. case No.35 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T