Rama Shankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44663 of 2021 Arising Out of PS. Case No.-177 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== RAMA SHANKAR MAHTO, aged about 30 years, Gender (Male), Son of Ramayan Mahto, Resident of Village- Garabhuwa Lala Tola, P.S.- Sirisiya O.P., District- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party :

Mr. Sanjay Kumar Pandey, 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 Chanpatia (Sirisiya O.P.) P.S. Case No. 177 of 2021 for the offence registered under Sections 414 of the I.P.C. and 30(a) and 30(b) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 80 liters wine is recovered from different Bhatties.

Patna High Court CR. MISC. No.44663 of 2021(2) dt.25-10-2021 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 80 liters wine is recovered from different Bhatties. Out of which, total 10 liters wine is said to have been recovered from the Bhati belonging to joint family of the petitioner. 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 Additional Special Judge, Excise, Bettiah, West

Patna High Court CR. MISC. No.44663 of 2021(2) dt.25-10-2021 3/3 Champaran, in connection with Chanpatia (Sirisiya O.P. ) P.S. Case No. 177 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