JITENDRA SHARMA v. The State of Bihar

====================================================== Appearance : For the Petitioner : For the Opposite Party : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH Mr.Pramod Kumar Verma, Advocate Mr.Rabindra Kumar, APP ORAL ORDER 2 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State. The petitioner is apprehending his arrest in a case registered under Sections-30(a) & 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 1800 kg. Jawa Mahua 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 on the basis of disclosure made by local residents. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1800 kg. Jawa Mahua is recovered from a public place. Nothing incriminating Patna High Court CR. MISC. No.13955 of 2023(2) dt.29-04-2023 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. 2, Nawada in connection with Kawakole P.S. Case No. 687 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. A.K.V.//- U T (Sudhir Singh, J)