Santosh Rajbanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19398 of 2021 Arising Out of PS. Case No.-76 Year-2020 Thana- HISUWA District- Nawada ====================================================== 1.
Santosh Rajbanshi, aged asbout 33 years, Male, Son Of Vijay Rajbanshi, R/O Village- Bhelu Bigha, P.S- Hisua, Dist- Nawada. 2.
Raj Kumar @ Raj Kumar Rajbanshi, aged about 50 years, Male, Son Of Late Bangali Rajbanshi, R/O Village- Bhelu Bigha, P.S- Hisua, DistNawada. 3.
Sukh Kumar Rajbanshi @ Shiv Kumar Rajbanshi @ Sukumar Rajbanshi @ Sukhmar Rajbanshi, aged about 45 years, Male, Son Of Late Bangali Rajbanshi, R/O Village- Bhelu Bigha, P.S- Hisua, Dist- Nawada. 4.
Chandan Rajbanshi, aged about 25 years, Male, Son Of Subhraj Rajbanshi, R/O Village- Bhelu Bigha, P.S- Hisua, Dist- Nawada. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Krishna Deo Raj, Advocate.
For the Opposite Party :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.
The petitioners are apprehending their arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 15.500 liters wine is said to have been recovered from the Wine Bhatti
Patna High Court CR. MISC. No.19398 of 2021(2) dt.02-07-2021 2/3 situated by the side of the bank of the river and from the Boring of co-accused Pintu Rajbanshi.
It has been submitted by learned counsel for the 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 15.500 liters wine is recovered. Out of which, total 07 liters wine is said to have been recovered from the Wine Bhatti of petitioner no. 1 situated by the side of the bank of the river. The names of the petitioners have transpired in the present case on the basis of disclosure made by local residents. The names of the 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. 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/ Complaint Case. Considering the aforesaid facts and circumstances of
Patna High Court CR. MISC. No.19398 of 2021(2) dt.02-07-2021 3/3 the case, let 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 their personal bond to the satisfaction of the learned A.D.J.-IIcum-Special Court, Nawada, in connection with Hisua P.S. Case No. 76 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) only each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) U.K./- U T