Raja Sah @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21674 of 2022 Arising Out of PS. Case No.-95 Year-2022 Thana- UJIYARPUR District- Samastipur ====================================================== RAJA SAH @ RAJA KUMAR, aged about 30 years, Gender-Male, S/O RAM BABU MAHTO, R/o Village- Satanpur, P.S.- Ujiyarpur, Distt.- Samastipur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-05-2022 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 Ujiyarpur P.S. Case No. 95 of 2022 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 28 liters wine is recovered from the Maize field of co-accused, namely, Lalo Pandit.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.21674 of 2022(2) dt.06-05-2022 2/3 petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 28 liters wine is recovered from the Maize field of co-accused, namely, Lalo Pandit. The name of the petitioner has transpired in the present case on the basis of 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.

Patna High Court CR. MISC. No.21674 of 2022(2) dt.06-05-2022 3/3 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court-1, Samastipur, in connection with Ujiyarpur P.S. Case No. 95/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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