Subodh Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50730 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- FALKA District- Katihar ====================================================== 1.

Subodh Uraon, age-32 years, Male, S/o-Karma Uraon, R/o-Dumar (Dhangar Tola), P.S. - Falka (Pothia), Distt. - Katihar. 2.

Sanjay Uraon, age-28 years, Male, S/o-Kamli Uraon, R/o - Dumar (Dhangar Tola), P.S. - Falka (Pothia), Distt. - Katihar. 3.

Sugo Devi, age-26 years, Female, W/O Munna Uraon, R/o-Dumar (Dhangar Tola), P.S. - Falka (Pothia), Distt. - Katihar. ... ... Petitioners

Versus

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

For the Petitioners :

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

Mr. Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-11-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Falka (Pothia) P.S. Case No. 11 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 60 liters wine is recovered by the side of the road.

Patna High Court CR. MISC. No.50730 of 2021(2) dt.17-11-2021 2/3 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 60 liters wine is recovered by the side of the road. The names of the petitioners have transpired in the present case on the basis of disclosure made by the local Choukidar. The petitioner no. 3 is a lady. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances of the case, let the petitioners 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) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge,

Patna High Court CR. MISC. No.50730 of 2021(2) dt.17-11-2021 3/3 Katihar, in connection with Falka (Pothia) P.S. Case No. 11 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