Rupesh @ Prabhakar @ Rupesh Kumar @ Prabhakar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10899 of 2023 Arising Out of PS. Case No.-1208 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

Rupesh @ Prabhakar @ Rupesh Kumar @ Prabhakar Jaiswal Son Of Ratan Mohan Bhagat @ Ratan Jaiswal R/O Chhath Pokhar Road, P.S.- K. Hat (Sahayak), Dist- Purnia 2.

Diwakar Jaiswal @ Chhotu @ Chhotu Kumar Son Of Ratan Mohan Bhagat @ Ratan Jaiswal R/O Chhath Pokhar Road, P.S.- K. Hat (Sahayak), DistPurnia ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 15.360 liters wine is recovered.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 15.360 liters wine is recovered from the half constructed house of Surendra Bhat. The names of the petitioners have transpired on the basis of secret information

Patna High Court CR. MISC. No.10899 of 2023(2) dt.29-04-2023 2/3 as per F.I.R.. The source and genuineness of the secret information 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 (Sweta Kumari versus State of Bihar).

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, 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 furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge Court No. 1, Purnea in connection with K. Hat (Sahayak) P.S. case No. 1208 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.10899 of 2023(2) dt.29-04-2023 3/3 Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T