Maku Ram @ Makku Ram @ Mangal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65412 of 2021 Arising Out of PS. Case No.-301 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

MAKU RAM @ MAKKU RAM @ MANGAL RAM Son of Dashrath Ram Resident of Village- Ismailpur, P.S.- Buxar (Mufassil), District- Buxar. 2.

Md. Akbar Ansari Son of Yunus Ansari Resident of Village- Ismailpur, P.S.- Buxar (Mufassil), District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned 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 Buxar (Mufassil) P.S. Case No. 310 of 2021 registered for the offence under Section-30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution case, in short, is that 25 liters Beer is recovered.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. It is alleged that 25 litres Beer is recovered from the coaccused. The name of the petitioner has transpired in this case on the

Patna High Court CR. MISC. No.65412 of 2021(2) dt.10-12-2021 2/2 basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present 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.

Considering the aforesaid facts and circumstances of the case, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeII-cum-Special Judge, Excise Act, Buxar in connection with Buxar (Mufassil) P.S. Case No. 301 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