Umesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6465 of 2023 Arising Out of PS. Case No.-576 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== UMESH RAI, aged about 35 years (Male), S/o Ram Lal Rai, R/o VillageManpura, P.S.- Dariyapur, Distt- Saran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shatrughan Pandey, Advocate For the Opposite Party :
Mr. Sanjay Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in connection with Dariyapur P.S. Case No. 576 of 2021 for the offence registered under Sections 30, 30(a) and 33 of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 70 liters wine is said to have been recovered from four different places.
It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that
Patna High Court CR. MISC. No.6465 of 2023(2) dt.29-04-2023 2/3 total 70 liters wine is recovered from four different places. The petitioner is named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of disclosure made by the local residents and the Choukidar as per the F.I.R. The name of the local residents, who have named the petitioner, 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. 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 Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-Versus-The State of Bihar).
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender
Patna High Court CR. MISC. No.6465 of 2023(2) dt.29-04-2023 3/3 before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Ist Exclusive Special Excise Court,Saran, in connection with Dariyapur P.S. Case No. 576 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T