Rampati Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29590 of 2021 Arising Out of PS. Case No.-373 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

RAMPATI BIND SON OF SHIV BIND R/O VILLAGE- DUMARIA, P.S.- CHAINPUR, DISTRICT- KAIMUR AT BHABUA.

2.

RAMKUWAR BIND SON OF SANJEET BIND R/O VILLAGEDUMARIA, P.S.- CHAINPUR, DISTRICT- KAIMUR AT BHABUA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2021 Heard learned counsel for the petitioners and learned APP 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 after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 40 liters wine along with other materials is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.29590 of 2021(2) dt.10-08-2021 2/3 allegation of tampering of witnesses alleged against the petitioners. The name of the petitioner has transpired on the basis of disclosure made by the 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 petitioners in this case. It is alleged that 40 liters mahua wine along with other materials is recovered from foothill. 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. 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, the petitioners, 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 their personal bonds to the satisfaction of learned Special Judge, Excise, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 373/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall

Patna High Court CR. MISC. No.29590 of 2021(2) dt.10-08-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T