Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21978 of 2022 Arising Out of PS. Case No.-446 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== 1.
RAJESH KUMAR, age 26 years, Gender-Male, Son of Late Raghubir Yadav, Resident of Village - Nandlal Bigha, P.S.- Akbarpur, Distt.- Nawada. 2.
MANOJ KUMAR, age 41 years, Gender-Male, Son of Late Gajadhar Yadav, Resident of Village - Nandlal Bigha, P.S.- Akbarpur, Distt.- Nawada. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Man Mohan Kumar, Advocate For the Opposite Party :
Mr. Akhileshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the petitioners and learned counsel 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.
The petitioners are apprehending their arrest in connection with G.O. Case No. 446 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 320 liters wine is recovered by the side of the Canal.
It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.21978 of 2022(2) dt.06-05-2022 2/3 petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 320 liters wine is recovered by the side of the Canal. The names of the petitioners have transpired in the present case on the basis of local residents. The names of local residents, who have named the petitioners, 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. 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 of Bihar). On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case.
Patna High Court CR. MISC. No.21978 of 2022(2) dt.06-05-2022 3/3 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No. 2, Nawada, in connection with G.O. Case No. 446 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