Seth Rai @ Seth Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1925 of 2023 Arising Out of PS. Case No.-222 Year-2021 Thana- ATHMALGOLA District- Patna ====================================================== 1.

Seth Rai @ Seth Prasad S/O Ram Ballabh Rai Resident Of VillageBakhtiyarpur (Back Of Padari), P.S.- Bakhtiyarpur, District- Patna. 2.

Pintu Rai @ Pintu Kumar S/O Harekishun Rai Resident Of VillageBakhtiyarpur (Back Of Padari), P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Sharda Kumari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

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 150 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 the petitioners. It is alleged that 150 liters wine is recovered from an open field in an abandoned state. The names of the petitioners have transpired on the basis of disclosure made by local Chowkidar. Except for this, there is no

Patna High Court CR. MISC. No.1925 of 2023(2) dt.21-04-2023 2/2 other substantive evidence to suggest the implication of the petitioners in this 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. Learned counsel for the petitioners has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

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 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 Special Judge, Excise, Barh in connection with Athmalgola P.S. case No. 222/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T