Binod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13175 of 2023 Arising Out of PS. Case No.-13 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== 1.

Binod Mahto, Male, aged about 32 years, S/o Late Dallu Mahto, R/o Village- Basopatti Purvi, P.S.- Basopatti, Distt- Madhubani. 2.

Rani Devi, Female, aged about 27 years, W/o Binod Mahto, R/o VillageBasopatti Purvi, P.S.- Basopatti, Distt- Madhubani. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party :

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Basopatti P.S. Case No. 13 of 2022 for the offence registered under Sections 272, 273/34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 129 liters wine is said to have been recovered from the house belonging to joint family of petitioners.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal

Patna High Court CR. MISC. No.13175 of 2023(2) dt.29-04-2023 2/3 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 129 liters wine is recovered from the house belonging to joint family of the petitioners. The petitioners are named in the F.I.R. The names of the petitioners have transpired in the present case as the alleged recovery is made from the house belonging to joint family of petitioners. 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).

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case.

Patna High Court CR. MISC. No.13175 of 2023(2) dt.29-04-2023 3/3 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 Additional Sessions Judge-II-cum-Excise Act, Madhubani, in connection with Basopatti P.S. Case No. 13 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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