Deepak @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13815 of 2023 Arising Out of PS. Case No.-309 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== 1.

Deepak @ Deepak Kumar Son Of Naresh Kumar R/O Vill.- M.P. Majra @ Mohmoodpur Mazra (88) @ Mohammadpur Majra, P.S.- Beriteh @ Jhajjar @ Jhajhar, Distt.- Jhajjar @ Jhajhar, State- Haryana 2.

Ajay Kumar Son Of Naresh Kumar R/O Vill.- M.P. Majra @ Mohmoodpur Mazra (88) @ Mohammadpur Majra, P.S.- Beriteh @ Jhajjar @ Jhajhar, Distt.- Jhajjar @ Jhajhar, State- Haryana ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Santosh Kumar, Advocate For the Opposite Party :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section-30(a) of the Bihar Prohibition and Excise Act, 2018.

The prosecution case, in short, is that 611.70 liters wine is recovered.

It has been submitted on behalf of the petitioners that the they have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired in the present case on the basis of confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court CR. MISC. No.13815 of 2023(2) dt.29-04-2023 2/2 petitioners in this case. It is alleged that 611.70 liters wine is recovered from the truck. The truck, 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. Learned counsel for the petitioners has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) 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 Dumra P.S. Case No. 309 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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