Jalandhar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33822 of 2020 Arising Out of PS. Case No.-201 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== JALANDHAR RAI, aged about 50 years, Gender-Male, S/o Firangi Rai, R/o Village- Paktola, P.S.- Dumra, Dist- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Alok Kumar Alok, Advocate.

For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-03-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

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 30(a), 30(g), 38(i) (ii) and 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 543.105 liters wine is said to have been recovered from the Bolero Pickup Van in question. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.33822 of 2020(2) dt.01-03-2021 2/3 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 543.105 liters wine is recovered from the Boloero Pick-up Van in question. The petitioner is the owner of the Bolero Pick-up Van in question. 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 nature of goods booked by the Transporter. 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 six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Runnisaidpur P.S. Case No. 201/2020, subject

Patna High Court CR. MISC. No.33822 of 2020(2) dt.01-03-2021 3/3 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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