Raushan Kumar @ Raushan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21904 of 2023 Arising Out of PS. Case No.-107 Year-2021 Thana- SURYAGARHA District- Lakhisarai ====================================================== RAUSHAN KUMAR @ RAUSHAN SINGH, aged about 23 years, GenderMale, Son of Arvind Singh, R/V- Rampur P.S- Suryagadha Dist- Lakhisarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Binay Kumar, Advocate For the Opposite Party :
Mr. Nand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in connection with Suryagadha P.S. Case No. 107 of 2021 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 17.250 liters wine is said to have been recovered from three different Motorcycles including Scooty in question. It has been submitted by learned counsel for the petitioner that the petitioner 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
Patna High Court CR. MISC. No.21904 of 2023(2) dt.16-05-2023 2/3 total 17.250 liters wine is recovered from three different Motorcycles including Scooty in question. Out of which, 3.750 liters wine is said to have been recovered from the Motorcycle bearing Registration No. BR09AE 6124. The petitioner is named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of seized one of the Motorcycle bearing Registration No. BR09AE6124. The petitioner is alleged to be the owner of the said Motorcycle. The said Motorcycle was given by the petitioner to his co-villager for his personal use. 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).
Patna High Court CR. MISC. No.21904 of 2023(2) dt.16-05-2023 3/3 On behalf of the State, it is submitted that the petitioner is 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 Court below/concerned Court, in connection with Suryagadha P.S. Case No. 107 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