SUJEET KUMAR v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH Mr.Bhavesh Kumar Sah, Advocate Mrs. Asha Devi, APP ORAL ORDER 2 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State. The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 18 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. It is alleged that 18 liters wine is recovered from a motorcycle in question. The name of the petitioner has transpired as being owner of the motorcycle in question. The said motorcycle was given by the petitioner to the co-villager for his personal use. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has Patna High Court CR. MISC. No.4493 of 2023(2) dt.20-04-2023 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 (Sweta Kumari versus 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, 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 2nd Addl. Sessions Judge-cum- Special Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 141 of 2019, G.R. No. 1380/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pankaj/- U T (Sudhir Singh, J)