Rajesh Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38743 of 2020 Arising Out of PS. Case No.-329 Year-2020 Thana- KANKARBAG District- Patna ====================================================== 1.

Rajesh Malik Son Of Ganga Rai Malik Resident Of Pani Tanki Jhopar Patti, P.S.- Kankarbagh, District- Patna 2.

Soni Devi Wife Of Kallu Malik @ Munna Malik Resident Of Pani Tanki Jhopar Patti, P.S.- Kankarbagh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kameshwar Singh, Advocate For the Opposite Party/s :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

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

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 154.400 liters wine is recovered.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.38743 of 2020(2) dt.16-04-2021 2/2 the petitioners. The petitioners have falsely been implicated in this case. It is alleged that 154.400 liters wine is recovered from the hut in question. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners 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 petitioners are named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight 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 Special Judge, Excise Act, Patna in connection with Special case No.3390 of 2020 arising out of Kankarbagh P.S. case No.329 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T