Vishal Kumar @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1949 of 2023 Arising Out of PS. Case No.-335 Year-2020 Thana- CHHATAUNI District- East Champaran ====================================================== VISHAL KUMAR @ RANJAN KUMAR S/O UMA RAI Resident of village- Bada Bariyarpur, P.S.- Chhatauni, District- East Champaran, Bihar. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ravi Raj, Advocate For the Opposite Party :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections-270, 272/34 of the Indian Penal Code and Sections-30(a), 32 and 41 of the Bihar Prohibition and Excise Amendment Act, 2018.

The prosecution case, in short, is that 266.625 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

Patna High Court CR. MISC. No.1949 of 2023(2) dt.21-04-2023 2/3 petitioner. The name of the petitioner has transpired in the present case on the basis of confessional statement of coaccused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 266.625 liters wine is recovered from a hut in abandoned state. The hut, in question does not belong to the petitioner. 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. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) 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 twelve 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 Exclusive Special Excise Court No. 1, East Champaran, Motihari in connection

Patna High Court CR. MISC. No.1949 of 2023(2) dt.21-04-2023 3/3 with Chhatauni P.S. Case No. 335 of 2020, 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