Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39514 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

Manish Kumar, Male, aged about 24 years, Son of Upendra Kumar @ Upendra Mahto, Resident of Village - Alawalapur, P.S.- Naubatpur, District - Patna.

2.

Mantu Kumar @ Amit Kumar, Male, aged about 20 years, Son of Arvind Mahto, Resident of Village - Baruna, P.S.- Naubatpur, District - Patna. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ashok Kumar, Advocate.

For the Opposite Party :

Mr. Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 30(a), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 768.240 liters wine is recovered from the Motorcycle and joint house of petitioner no. 2 and co-accused.

Patna High Court CR. MISC. No.39514 of 2020(3) dt.23-08-2021 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 768.240 liters wine is recovered from the Motorcycle and joint house of petitioner no. 2 and co-accused. 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. 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 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 their personal bond to the satisfaction of the learned Special Judge, Excise, Patna, in connection with (Naubatpur P.S. Case) P.R. No.49/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.39514 of 2020(3) dt.23-08-2021 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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