Murshid @ Md. Murshid Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21468 of 2021 Arising Out of PS. Case No.-699 Year-2020 Thana- ARARIA District- Araria ====================================================== 1.
Murshid @ Md. Murshid Alam Son Of Late Md. Alim R/O Village- Farsara, P.S.- Dalkola, District- Uttar Dinajpur (W.B.) 2.
Nanki Saha @ Gopal Kumar Saha Son Of Doman Saha R/O VillageFarsara, P.S.- Dalkola, District- Uttar Dinajpur (W.B.) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Tiwari, Advocate For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 8200 liters spirit is recovered.
It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against
Patna High Court CR. MISC. No.21468 of 2021(2) dt.02-07-2021 2/3 the petitioners. The petitioners have falsely been implicated in this case. The names of the petitioners have transpired in this case on disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 8200 liters spirit is recovered from the truck. The truck in question does not belong to the petitioners. The petitioners had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioners. 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 complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, 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 learned Second Additional Sessions Judge-cum-Special Judge, Araria in connection with Araria P.S. case No.699 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 will
Patna High Court CR. MISC. No.21468 of 2021(2) dt.02-07-2021 3/3 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) Narendra/- U T