Raja Ram Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16701 of 2023 Arising Out of PS. Case No.-383 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== RAJA RAM MANDAL, Male, aged about 52 years, SON OF LATE LAXMI MANDAL, Resident of Mohalla - J.P. Colony, Ward No. - 14, P.S. - Town Madhubani, Distt. - Madhubani ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Narayan Singh, Advocate For the Opposite Party :
Mr. Atul Chandra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in connection with Rajnagar P.S. Case No. 383 of 2022 for the offence registered under Sections 272, 273/34 of the I.P.C. and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
The prosecution story, in brief, is that total 3770.940 liters wine is said to have been recovered from five different vehicles which were parked in the Mango Orchard.
It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.16701 of 2023(2) dt.10-05-2023 2/3 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 total 3770.940 liters wine is recovered from five different vehicles which were parked in the Mango Orchard. Neither the vehicles nor the Mango Orchard belongs 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.16701 of 2023(2) dt.10-05-2023 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 Court below/concerned Court, in connection with Raj Nagar P.S. Case No. 383 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