Ram Kishore Singh @ Diwani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17855 of 2022 Arising Out of PS. Case No.-280 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== RAM KISHORE SINGH @ DIWANI SINGH, aged about 26 years (Male), S/O Sunil Singh, R/o village- Tilak Nagar, P.S.- Cheriya Bariyarpur (Manjhaul O.P.), District- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party :

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2022 Heard learned counsel for the petitioner and learned counsel for the State through Virtual mode.

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

The petitioner is apprehending his arrest in connection with Cheriya Bariyarpur P.S. Case No. 280 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 60 liters wine is recovered from the Motorcycle in question. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.17855 of 2022(2) dt.22-04-2022 2/3 present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 60 liters wine is recovered from the Motorcycle in question. The name of the petitioner has transpired in the present case on the basis of disclosure made by local residents. The names of local residents, who have named the petitioner, have not been disclosed by the prosecution. 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(Sweta Kumari-Versus-State of Bihar). 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 of the case, let the petitioner above named, in the event of arrest or 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.

Patna High Court CR. MISC. No.17855 of 2022(2) dt.22-04-2022 3/3 with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Judge-I, Begusarai, in connection with Cheriya Bariyarpur P.S. Case No. 280 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