Manish Kumar @ Chuman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32602 of 2021 Arising Out of PS. Case No.-309 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== 1.

MANISH KUMAR @ CHUMAN KUMAR S/O ASHOK THAKUR R/O VILLAGE-SIHORWA, PS. CHAKIA, DISTRICT-EAST CHAMPARAN. 2.

ASHOK THAKUR S/O VAKIL THAKUR R/O VILLAGE-SIHORWA, PS. CHAKIA, DISTRICT-EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in Chakiya P.S. Case No. 309 of 2020 registered for the offence under Section-30(a) of the Bihar Prohibition and Excise Act. The prosecution case, in short, is that 21.37 liters wine 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.32602 of 2021(2) dt.26-08-2021 2/3 allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. It is alleged that 21.37 liters wine is recovered from the car, parked in the compound of the house belonging to joint family of the petitioners. The car, in question does not belong to the petitioners. 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.

Considering the aforesaid facts and circumstances of the case, 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 their personal bond to the satisfaction of learned Additional Sessions Judge-XIII-cum-Special Judge, Excise Act, Motihari, East Champaran in connection with Chakiya P.S. Case No. 309 of 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 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.32602 of 2021(2) dt.26-08-2021 3/3 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) A.K.V.//- U T