Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13245 of 2023 Arising Out of PS. Case No.-27 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== SANOJ KUMAR, Male, aged about 20 years, Son of Satan Mahto, Resident of village - Siwaipatti, P.S.- Siwaipatti, District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manjeet Kumar Mishra, Advocate For the Opposite Party :

Mr. Pranav Kumar, A.P.P.

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

The petitioner is apprehending his arrest in connection with G.R. No. 440 of 2021, arising out of Siwaipatti P.S. Case No. 27 of 2021 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. The prosecution story, in brief, is that total 26.625 liters wine is said to have been recovered from the house of co-accused, namely, Dinesh Thakur and from two motorcycles in question.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.13245 of 2023(2) dt.29-04-2023 2/3 He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 26.625 liters wine is recovered from the house of co-accused, namely, Dinesh Thakur and from two motorcycles in question. The two motorcycles in question do not belong to the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of confessional statement of the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident.

There is no compliance of Section 100 Cr. P.C. Learned counsel for the petitioner 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

Patna High Court CR. MISC. No.13245 of 2023(2) dt.29-04-2023 3/3 petitioner is not named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, the petitioner, 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) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Muzaffarpur, in connection with G.R. No. 440 of 2021, arising out of Siwaipatti P.S. Case No. 27 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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