Raj Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12577 of 2023 Arising Out of PS. Case No.-261 Year-2021 Thana- SISWAN District- Siwan ====================================================== 1.

Raj Kumar Chaudhary, (M), aged about 33 years, Son Of Krishna Chaudhary, R/O Village- Mohamadpur, P.S.- Manjhi, District- Saran at Chapra, Bihar 2.

Dilip Chaudhary, (M), aged about 30 years, Son Of Krishna Chaudhary, R/O Village- Mohamadpur, P.S.- Manjhi, District- Saran at Chapra, Bihar ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Saket Anand, Advocate For the Opposite Party :

Mrs. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Siswan P.S. Case No. 261 of 2021 for the offence registered under Sections 272, 273 of the I.P.C. and Sections 30(a), 138(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 100 liters wine is said to have been recovered from the house of co-accused Kameshwar Singh.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.12577 of 2023(2) dt.03-05-2023 2/3 petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 100 liters wine is recovered from the house of co-accused Kameshwar Singh. The petitioners are named in the F.I.R. The names of the petitioners have transpired in the present case on the basis of disclosure made by the local residents as per F.I.R. The name of the local residents, who have named the petitioners, has 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.

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. Learned counsel for the petitioners has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-Versus-The State of Bihar).

Patna High Court CR. MISC. No.12577 of 2023(2) dt.03-05-2023 3/3 On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, 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 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IIcum-Exclusive Special Excise Court, Siwan/concerned court, in connection with Siswan P.S. Case No. 261 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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