Muzaffarpur v. The State of Bihar

====================================================== Appearance : For the Petitioner : For the Opposite Party : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH Mr. Hari Kishore Thakur, Advocate Mr. Rajendra Prasad Nat, A.P.P. ORAL ORDER 3 27-07-2022 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. The petitioner is apprehending his arrest in connection with Kazi Mohammadpur P.S. Case No. 291 of 2020 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 174.825 liters wine is recovered. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He Patna High Court CR. MISC. No.30411 of 2021(3) dt.27-07-2022 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 total 174.825 liters wine is recovered. Out of which, 54.450 liters wine is recovered from the shop belonging to joint family of the petitioner. 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(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 of the case, let 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 Patna High Court CR. MISC. No.30411 of 2021(3) dt.27-07-2022 the learned Special Judge, Excise Act, Muzaffarpur, in connection with Kazi Mohammadpur P.S. Case No. 291 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- U T (Sudhir Singh, J)