Haresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17857 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- EKANGARSARAI District- Nalanda ====================================================== 1.

Haresh Kumar, (Male), aged about 42 years, Son of Late Ramvrikch Mahto, Resident of village - Sundi Bigha, P.S.- Ekangarsarai, District - Nalanda. 2.

Ramshu Kumar, (Male), aged about 41 years, Son of Bhagwan Das @ Dhurva Das, Resident of village - Badhaua, P.S.- Hilsa, District - Nalanda. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Anuj Kumar, Advocate For the Opposite Party :

Mr. Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2022 Heard learned counsel for the petitioners and learned counsel 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 connection with Ekangarsarai P.S. Case No. 18 of 2022 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 561.375 liters wine is recovered from the house and Motorcycle of the co-accused.

Patna High Court CR. MISC. No.17857 of 2022(2) dt.22-04-2022 2/3 It has been submitted by learned counsel for the petitioners that the petitioner no. 2 has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 561.375 liters wine is recovered from the house and Motorcycle of co-accused. The names of the petitioners have transpired in the present case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. 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 Criminal 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/ Complaint Case. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of

Patna High Court CR. MISC. No.17857 of 2022(2) dt.22-04-2022 3/3 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-Ist, Biharsharif, Nalanda, in connection with Ekangarsarai P.S. Case No. 18 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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