Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25715 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

SATISH KUMAR Son of Dina Gope @ Dina Rai Resident of Village - Jethuli Devi Asthan, P.S. Nadi, District - Patna. 2.

Dharmendra Kumar @ Baba Son of Dina Gope @ Dina Rai Resident of Village - Jethuli Devi Asthan, P.S. Nadi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Pandey For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

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

The petitioners are apprehending their arrest in a case registered under Sections 30(a), ,32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 947.880 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.25715 of 2021(2) dt.05-07-2021 2/3 allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired as the recovery is made from the joint house of the petitioners where other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 947.880 liters wine is recovered from joint house of 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./complaint case. Considering the aforesaid facts and circumstances and also the lockdown, 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 their personal bonds to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 7611/20 arising out of PR No. 04/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.25715 of 2021(2) dt.05-07-2021 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each 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) Pankaj/- U T