Rajnish Kumar @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51863 of 2021 Arising Out of PS. Case No.-58 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== RAJNISH KUMAR @ BITTU KUMAR Son of Kamal Yadav Resident of Village- Mallichak, P.S.- Paras Bigha, P.O.- Sohraiya, District- Arwal, Bihar804423. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

Counsel for the petitioner submits that in the main petition, the name of police station of the petitioner has wrongly been mentioned as "Sohraiya" in place of "Paras Bigha". Counsel for the petitioner is permitted to make necessary correction in the main petition in course of the day. The office concerned is directed to correct the name of police station of the petitioner in the cause title of the case accordingly.

The petitioner is apprehending his arrest in a case

Patna High Court CR. MISC. No.51863 of 2021(2) dt.22-11-2021 2/3 registered for the offence under Section-30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution case, in short, is that 1.650 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 petitioner has been falsely implicated in the present case. It is alleged that 1.650 liters wine is recovered from 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.

Considering the aforesaid facts and circumstances of the case, 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/- (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, Jehanabad in connection with Paras Bigha P.S. Case No.

Patna High Court CR. MISC. No.51863 of 2021(2) dt.22-11-2021 3/3 58 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T