Raj Kumar @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19294 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- BHAGALPUR GRP CASE DistrictBhagalpur ====================================================== 1.

RAJ KUMAR @ RAJA KUMAR SON OF MAHENDRA NISAD RESIDENT OF VILLAGE- LAILAKH, P.S.- SABOUR, DIST.- BHAGALPUR 2.

LALAN KUMAR @ ANAND THAKUR SON OF AMBIKA MANDAL RESIDENT OF VILLAGE- LAILAKH, P.S.- SABOUR, DIST.- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-06-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections-147, 148, 149, 353, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act as well as Section-30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 40 liters wine is recovered. It is also alleged that the accused persons tried to

Patna High Court CR. MISC. No.19294 of 2021(2) dt.28-06-2021 2/3 snatch the seized wine from the police and firing was also made. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. It is alleged that 40 litres wine is recovered from the platform of railway. So far offence under Section 307 of the Indian Penal Code is concerned, the same is general and omnibus. No specific overt act is alleged against the petitioners. 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 petitioner No. 1 is named and petitioner No. 2 is not named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, 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 their personal bond to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise

Patna High Court CR. MISC. No.19294 of 2021(2) dt.28-06-2021 3/3 Act, Bhagalpur in connection with G.R.P.

S. P. S. Case No. 40 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) 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) A.K.V.//- U T