Umesh Kumar Sah @ Umesh Kumar vs The State Of Bihar on 6 May, 2022

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Patna High Court - Orders

Umesh Kumar Sah @ Umesh Kumar vs The State Of Bihar on 6 May, 2022

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22349 of 2022
                   Arising Out of PS. Case No.-84 Year-2022 Thana- SAMASTIPUR MUFFASIL District-
                                                        Samastipur
                 ======================================================
                 Umesh Kumar Sah @ Umesh Kumar Son Of Phukari Sah @ Pukari Sah R/O
                 Village- Dadhiya Belhad, P.S.- Samastipur (MUFFASIL), District-
                 Samastipur

                                                                                   ... ... Petitioner
                                                      Versus
                 The State Of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Baidya Nath Prasad, Advocate
                 For the Opposite Party/s :      Mrs.Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   06-05-2022

Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 3.2 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the Patna High Court CR. MISC. No.22349 of 2022(2) dt.06-05-2022 2/3 petitioner. It is alleged that 3.2 liters wine is recovered from the husk of the petitioner. The name of the petitioner has transpired as the recovery is made from the husk 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, 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 Special Judge, Excise -1, Samastipur in connection with Samastipur (Muffasil) P.S. Case No. 84 of 2022, subject to the conditions as laid down Patna High Court CR. MISC. No.22349 of 2022(2) dt.06-05-2022 3/3 under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/-

U      T

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Patna High Court - Orders