Tinku Chaudhary @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18903 of 2021 Arising Out of PS. Case No.-80 Year-2018 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== TINKU CHAUDHARY @ MANOJ KUMAR SON OF SOCHAN CHAUDHARY @ SATYA NARAYAN CHAUDHARY R/O VILLAGESONARI, P.S.- BOCHACHAN, DISTRICT- MUZAFFARPUR. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Tariyani Chhapra P.S. Case no. 80 of 2018 instituted for the offence under Sections 30(a) and 33 of the Bihar Prohiition and Excise Act.

The prosecution story relates to recovery of 35 litres of country made liquor from a motorcycle bearing Reg. No. BR55-5735.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.18903 of 2021(2) dt.22-12-2021 2/2 offence. He has got no criminal antecedent. No incriminating article has been recovered from his conscious or constructive possession. The name of the petitioner has been disclosed in this case by the co-accused, namely, Nitesh Kumar, who was arrested on spot.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Tariyani Chhapra P.S. Case no. 80 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Excise Act, Sheohar. subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U