Chhotu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4098 of 2021 Arising Out of PS. Case No.-349 Year-2020 Thana- BAGHA District- West Champaran ====================================================== 1.

CHHOTU KUMAR RAI Son of Bikau Rai Resident of Village-Naraipur, P.S.-Bagaha (Patkhauli), District-West Champaran. 2.

BIR KUMAR RAI Son of Late Tara Chand Rai @ Tara Rai Resident of Village-Naraipur, P.S.-Bagaha (Patkhauli), District-West Champaran. 3.

DHANJAY KEWAT S/o GAURI SHANKAR KEWAT Resident of VillageNaraipur, P.S.-Bagaha (Patkhauli), District-West Champaran. 4.

MANAGAR KEWAT Son of Lal Bachan Kewat Resident of VillageNaraipur, P.S.-Bagaha (Patkhauli), District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 266 liters wine is recovered.

Patna High Court CR. MISC. No.4098 of 2021(2) dt.05-04-2021 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 266 liters wine is recovered from an orchard. 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, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran, Bettiah in connection with Bagaha (Patkhauli) P.S. Case No.

Patna High Court CR. MISC. No.4098 of 2021(2) dt.05-04-2021 3/3 Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T