Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69496 of 2021 Arising Out of PS. Case No.-296 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== 1.

RAHUL KUMAR S/o Jay Lalan Yadav @ Bhagdu Yadav Resident of Village- Nehaluchak, P.S.- Town, District- Nawada. 2.

RANJIT KUMAR S/o Jay Lalan Yadav @ Bhagdu Yadav Resident of Village- Nehaluchak, P.S. Town, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2021 Heard learned counsel for the petitioners and the State. 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 G.O. Case No. 296 of 2021 registered for the offence under Section-30(a)(d) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 33 liters wine is recovered.

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 them. They have been falsely implicated in the present case. It is alleged that 33 litres wine is

Patna High Court CR. MISC. No.69496 of 2021(2) dt.23-12-2021 2/2 recovered from the pump house. The pump house in question does not belong to the petitioners. The names of the petitioners have transpired in this case on the basis of secret information. Except for this, there is no other substantive evidence to suggest the implication of the petitioners 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Nawada in connection with G.O. Case No. 296 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