Rajesh Kumar @ Lalu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67634 of 2021 Arising Out of PS. Case No.-222 Year-2021 Thana- BALIYA District- Begusarai ====================================================== RAJESH KUMAR @ LALU SINGH Son of Kaushal Singh @ Kaushal Kishor Singh Resident of Village - Fatehpur, P.S.- Ballia, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Ballia P.S. Case No. 222 of 2021 registered for the offence under Section-30(a) of the Bihar Prohibition and Excise Act. The prosecution case, in short, is that 349.5 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 349.5 litres wine is recovered from the field of one Sri Ram Tanti. The name of the petitioner

Patna High Court CR. MISC. No.67634 of 2021(2) dt.14-12-2021 2/2 has transpired in this case on the basis of disclosure made by coaccused. 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 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.

Considering the aforesaid facts and circumstances of the case, let the petitioner, 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) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Begusarai in connection with Ballia P.S. Case No. 222 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