Arjun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19176 of 2023 Arising Out of PS. Case No.-603 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== 1.

Arjun Ram Son Of Chandeshwar Ram Resident Of Village - Jagatur Mahuari, P.S. - Lakdinaviganj (OP), Distt. - Siwan 2.

Ranjay Ram @ Rannjay Ram Son Of Shivnath Ram Resident Of Village - Jagatur Mahuari, P.S. - Lakdinaviganj (OP), Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

At the out set, learned counsel for the petitioners submits that during pendency of this application, the petitioner No. 2 namely, Ranjay Ram @ Rannjay Ram has been taken into judicial custody.

Accordingly, this application with regard to the petitioner No. 2 namely, Ranjay Ram @ Rannjay Ram stands dismissed as infructuous.

The petitioner No. 1 is apprehending his arrest in a case registered under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.19176 of 2023(2) dt.16-05-2023 2/3 The prosecution case, in short, is that five liters wine is recovered.

It has been submitted on behalf of the petitioner No. 1 that he has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No. 1. The name of the petitioner No. 1 has transpired on the basis of disclosure made by local residents. Except for this, there is no other substantive evidence to suggest the implication of the petitioner No. 1. It is alleged that five liters wine is recovered from the mango orchard. The mango orchard, in question does not belong to the petitioner No. 1. Nothing incriminating has been recovered from the conscious possession of the petitioner No. 1. The petitioner No. 1 had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner No. 1 has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) On behalf of the State, it is submitted that the petitioner No. 1 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner No. 1, above named, in the event of

Patna High Court CR. MISC. No.19176 of 2023(2) dt.16-05-2023 3/3 arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Basantpur (Lakdinaviganj O.P.) P.S. Case No. 603 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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