Kuber Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47205 of 2021 Arising Out of PS. Case No.-154 Year-2021 Thana- BIHPUR District- Bhagalpur ====================================================== KUBER SHARMA Son of Chandeswari Sharma Resident of Village - Asha Tol, P.S.- Bhawanipur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Bihpur (Bhawanipur) P.S. case No.154 of 2021 registered under Sections 30(a)/38(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 143.770 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.47205 of 2021(2) dt.08-10-2021 2/3 petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 143.770 liters wine is recovered from the joint house of the petitioner. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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 complaint case/F.I.R. Considering the 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 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 learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Bhagalpur in connection with Bihpur (Bhawanipur) P.S. case No.154 of 2021, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.47205 of 2021(2) dt.08-10-2021 3/3 the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T