Krishna Chaudhari @ Krishna Kumar Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4115 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== KRISHNA CHAUDHARI @ KRISHNA KUMAR CHAUDHARI son of Sri Vishesar Chaudhari @ Visheshwar Chaudhari @ Badhu Chaudhari Resident of Village - Sikraul, P.S. - Rajpur, District - Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajnish Kumar Choubey For the Opposite Party/s :
Mr.Kanhaiya Kishore ,App ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.
The petitioner apprehends his arrest in Case No. 113(O) of 2019 registered for the offence under Section 30A of Bihar Prohibition and Excise (Amendment) Act 2018. 3965 litres foreign liquor is said to have recovered from the bank of river Karmnasha.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to enmity. He further submits that nothing has been recovered from the possession of the petitioner. It is submitted that petitioner is not named in case and similarly situated co-accused has already been granted bail by this Court vide order dated 29.02.2020 passed in Cr.
Misc.
of 2020.
It
Patna High Court CR. MISC. No.4115 of 2020(2) dt.03-03-2020 2/2 is further submitted that mandatory provisions under Section 100 Cr.P.C has not been followed with regard to seize and Seizure. Petitioner has clean antecedent.
Considering the aforesaid facts and circumstances as well as nature of accusation, in the event his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II cum Special Judge, Excise, Buxar in connection with Case No. 113(O) of 2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Prabhat Kumar Singh, J) SUMIT/- U T