Jhadilal Ram @ Jhari Lal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23412 of 2023 Arising Out of PS. Case No.-140 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Jhadilal Ram @ Jhari Lal Ram Son Of Srikant Ram @ Shrikant Ram Resident Of Village - Madhubani Ghat, P.S. - Motihari (MUFASSIL), Distt. - East Champaran, Motihari 2.

Badri Ram @ Badari Ram Son Of Srikant Ram @ Shrikant Ram Resident Of Village - Madhubani Ghat, P.S. - Motihari (MUFASSIL), Distt. - East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh, Advocate For the Opposite Party/s :

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 30(b), 32, and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 400 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioner No. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 400 liters wine is recovered from

Patna High Court CR. MISC. No.23412 of 2023(2) dt.17-05-2023 2/3 field. The names of the petitioners have transpired as the recovery is made from the field situated in front of the house belonging to the joint family of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. 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. Learned counsel for the petitioners 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 2023of Bihar).

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, let 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 furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Motihari (Mufassil) P.S. case No. 140 of 2023, subject to the conditions as laid

Patna High Court CR. MISC. No.23412 of 2023(2) dt.17-05-2023 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/Nitin U T