Md. Sadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25054 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== 1.

MD. SADIR Son of Late Md. Isha Resident of village - Mantola Bhagwatipur, Police Station - Pandaul, Dist.- Madhubani 2.

Md. Sadique @ Md. Sadik Raja Son of Md. Sadir Resident of village - Mantola Bhagwatipur, Police Station - Pandaul, Dist.- Madhubani 3.

Md. Sahid Son of Md. Sadir Resident of village - Mantola Bhagwatipur, Police Station - Pandaul, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273, 120(B) of Indian Penal Code and Sections 30(a), 32(1)(i), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 5491 liters wine is recovered.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 5491 liters wine is recovered

Patna High Court CR. MISC. No.25054 of 2023(2) dt.19-05-2023 2/3 from five different vehicles. None of the vehicles in question belongs to the petitioners. The names of the petitioners have transpired as the said vehicles were parked by the side of houses belonging to joint family of the petitioners. 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. 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 Pandaul P.S. case No.

Patna High Court CR. MISC. No.25054 of 2023(2) dt.19-05-2023 3/3 Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/ Nitin U T