Babli Mistri @ Bablu Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24065 of 2023 Arising Out of PS. Case No.-175 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== BABLI MISTRI @ BABLU MISTRI, (M), aged about 30 years, Son of Shivraj Mistri R/o village - Nowan, P.S.- Obra, District - Aurangabad ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Excise P.S. Case No. 175 of 2023 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 1249.12 liters wine is said to have been recovered from four different vehicles in question.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is

Patna High Court CR. MISC. No.24065 of 2023(2) dt.17-05-2023 2/3 no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 1249.12 liters wine is recovered from four different vehicles in question. Out of which, 25.92 liters wine is said to have been recovered from the Motorcycle bearing Registration No. BR24U-8013. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of seized one of the Motorcycles bearing Registration No. BR24U-8013. The petitioner is alleged to be the owner of the said Motorcycle. The said Motorcycle was given by the petitioner to his co-villager for his personal use. 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, arising out of SLP (Crl.) No.

Patna High Court CR. MISC. No.24065 of 2023(2) dt.17-05-2023 3/3 Bihar).

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, the petitioner, 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 bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Court below/concerned Court, in connection with Excise P.S. Case No. 175 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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