Jai Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12835 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== 1.

JAI PRAKASH SAH Son of Baskit Sah @ Dasai Sah R/o VillageMohinimandal, P.S.- Suppi, District- Sitamarhi. 2.

Chhotu Kumar @ Manish Kumar Son of Jai Prakash Sah R/o VillageMohinimandal, P.S.- Suppi, District- Sitamarhi. 3.

Rohan Kumar @ Rohan Sah Son of Baskit Sah @ Dasai Sah R/o VillageMohinimandal, P.S.- Suppi, District- Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 145.5 liters wine is recovered.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.12835 of 2022(2) dt.25-03-2022 2/3 there is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired on the basis of disclosure made by the local residents. The names of 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. It is alleged that 145.5 liters wine is recovered from the motorcycle in question. The motorcycle in question does not belong to 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 petitioners are named in the F.I.R.

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 Court No. 1, Sitamarhi in connection with Suppi

Patna High Court CR. MISC. No.12835 of 2022(2) dt.25-03-2022 3/3 P.S. Case No. 196 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T