Naresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34304 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== NARESH RAI Son of LATE SAKALDEEP RAI Resident of Village - Sukumarpur, P.S.- Tustampur (O.P.), Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2021 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 four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 414/34 of the Indian Penal Code and 30(a)(d) and 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 60 liters wine is recovered from the three motorcycles.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 60 liters wine is recovered from the three motorcycles. The motorcycles in question do not

Patna High Court CR. MISC. No.34304 of 2020(2) dt.22-03-2021 2/2 belong to 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 six 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 Additional District & Sessions Judge -II-cum- Excise Court, Vaishali at Hajipur in connection with Raghopur (Rustampur O.P.) P.S. Case No. 69/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T