Durgesh Kumar Singh v. THE STATE OF BIHAR

Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State. The petitioner is apprehending his arrest in a case registered under Sections 414, 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 368 liters wine is recovered. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is alleged that 368 liters wine is recovered from the Patna High Court CR. MISC. No.23736 of 2023(2) dt.17-05-2023 poultry farm.

The name of the petitioner has transpired in this case as the motorcycle of the petitioner was parked by the side of the poultry farm. The poultry farm in question does not belong to the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of wine from the motorcycle of the petitioner. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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 complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below/concerned Court in connection with Mohania P.S. case Patna High Court CR. MISC. No.23736 of 2023(2) dt.17-05-2023 No.34 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- U T (Sudhir Singh, J)