Ritesh Singh @ Ritesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26533 of 2020 Arising Out of PS. Case No.-139 Year-2019 Thana- DURAULI District- Siwan ====================================================== RITESH SINGH @ RITESH KUMAR SINGH, Male, aged 26 years, Son of Chhathu Singh, Resident of Village - Nikhati Kala, P.S.- Raghunathpur, District - Siwan.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Anil Chandra, Advocate.
For the Opposite Party :
Mr. Upendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 272, 273, 420, 120(B) of the I.P.C., 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CR. MISC. No.26533 of 2020(2) dt.04-11-2020 2/3 The prosecution story, in brief, is that total 2650.800 liters wine is said to have been recovered from the Truck and Bolero vehicle in question.
It has been submitted by learned counsel for the 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 2650.800 liters wine is recovered from the Truck and Bolero vehicle in question. The Truck and Bolero vehicle in question do not belong to the petitioner. The name of the petitioner has come in the present case on the basis of disclosure made by the co-accused. 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.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, the petitioner above named, in the event of arrest or surrender before the learned court below within a period of
Patna High Court CR. MISC. No.26533 of 2020(2) dt.04-11-2020 3/3 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cumSpecial Judge, Excise, Siwan, in connection with Darauli P.S. Case No. 139/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T