Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60176 of 2021 Arising Out of PS. Case No.-313 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== 1.

KUNDAN KUMAR Son of Chandeshwar Rai Resident of Village Bhairopur, P.S. Bidupur, District - Vaishali. 2.

Chandan Kumar @ Chandan Kumar Singh Son of Chandeshwar Rai Resident of Village Bhairopur, P.S. Bidupur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2021 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 eight weeks.

The petitioners are apprehending their arrest in connection with Bidupur P.S. case No.313 of 2020 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 4226.880 liters wine is recovered.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.60176 of 2021(2) dt.10-12-2021 2/3 there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The names of the petitioners have transpired in this case on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 4226.880 liters wine is recovered from the truck and pick up van. The petitioners are not the owners of the truck and pick up van in question. The petitioners had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioners.

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 facts and circumstances of the case, 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 furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.60176 of 2021(2) dt.10-12-2021 3/3 connection with Bidupur P.S. case No.313 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