Sunil Rai @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.224 of 2021 Arising Out of PS. Case No.-49 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== Sunil Rai @ Sunil Kumar, Male, aged about 23 years, S/O Jalim Singh, Resident Of Village Chakki Rampur Hari, P.S Mahindwara, District Sitamarhi.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ritesh Kumar Narain Singh, Advocate.

For the Opposite Party :

Mr. Vinod Shankar Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2021 Learned counsel for the petitioner 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 petitioner and learned counsel for the State through virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 30(a), (b), (c), (f), 34, 36 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 35 liters spirit with other articles are recovered from the field situated by the side of joint house of the petitioner.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.224 of 2021(2) dt.23-08-2021 2/3 petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 35 liters spirit with other articles are recovered from the field situated by the side of joint house of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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/ Complaint Case.

Considering the aforesaid facts and circumstances of the case, let 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 his personal bond to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, (Excise), Sitamarhi, in connection with Mahindwara P.S. Case No. 49 of 2019, G.R. No. 490/19, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.224 of 2021(2) dt.23-08-2021 3/3 furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) 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