Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44144 of 2021 Arising Out of PS. Case No.-181 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== MUKESH RAI, Male, aged about 30 years, Son of Jagdish Rai, Resident of Village - East Dahiyawan, P.S. - Chapra Town, District - Saran at Chapra (Bihar).

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rakesh Kumar, Advocate For the Opposite Party :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Chapra (Town) P.S. Case No. 181 of 2021 for the offence registered under Sections 30 and 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 200 liters wine is recovered from the Tempo in question.

Patna High Court CR. MISC. No.44144 of 2021(2) dt.25-10-2021 2/3 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 200 liters wine is recovered from the Tempo in question. The petitioner is not the owner of the Tempo in question. The name of the petitioner has transpired in the present case on the basis of confessional statement of 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/ Complaint Case. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or 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 the learned IInd Additional Sessions Judge-cum-Special Judge,

Patna High Court CR. MISC. No.44144 of 2021(2) dt.25-10-2021 3/3 Excise, Saran at Chapra, in connection with Chapra (Town) P.S. Case No. 181 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T