Shyam Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39549 of 2021 Arising Out of PS. Case No.-54 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== SHYAM KISHORE RAI Son of Late Jayvir Rai Resident of Village - Kankatti, P.S.- Mehsi, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

Learned counsel for the petitioner is permitted to make necessary correction in the first paragraph with regard to Section and in prayer portion of the petition with regard to year of the case.

The petitioner is apprehending his arrest in Motipur P.S. Case No. 54 of 2019 registered for the offence under Sections-30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1576.440 liters

Patna High Court CR. MISC. No.39549 of 2021(2) dt.22-10-2021 2/3 wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 1576.440 liters wine is recovered from the truck. The petitioner is not owner of the said truck. The name of the petitioner has transpired in this case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present 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, let 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 bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.39549 of 2021(2) dt.22-10-2021 3/3 learned Special Judge, Excise Act, Muzaffarpur in connection with Motipur P.S. Case No. 54 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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