Lakhan Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46235 of 2021 Arising Out of PS. Case No.-141 Year-2021 Thana- ARARIA District- Araria ====================================================== LAKHAN MURMU Son of Late lal Chand Murmu Resident of Ward No. 4, Village- Rampur Kodarkatta, P.S.- Araria, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nadimul Hasan For the Opposite Party/s :

Mr. N.N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 4 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the recovery is made from the joint house of the petitioner where other family members also reside. Except for this, there is no

Patna High Court CR. MISC. No.46235 of 2021(2) dt.15-11-2021 2/2 other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 4 liters wine is recovered from the joint house of the petitioner. 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, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge -cum- Special Judge, Araria in connection with Special Case No. C-162/21 arising out of Araria P.S. Case No. 141/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.