Ram Lakhan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68795 of 2019 Arising Out of PS. Case No.-463 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== RAM LAKHAN RAI Son of Ram Bhajan Rai Resident of village- Ladaura, P.S.- Kudhani (Turki O.P.), District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Ajit Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-3 of the main application in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30(a), 38(I) & 41(I) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 266.040 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in this case on the basis of secret information. The source and

Patna High Court CR. MISC. No.68795 of 2019(2) dt.27-11-2019 2/2 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 petitioner in this case. It is alleged that 266.040 liters wine is recovered from joint house 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, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 463 of 2019 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