Baban Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7719 of 2022 Arising Out of PS. Case No.-676 Year-2021 Thana- DIGHA District- Patna ====================================================== BABAN CHAUHAN, aged about 33 years, Gender-Male, S/O KAIL CHAUHAN, Permanent R/o village- Kaldaspur, P.S.- Churi, District- Gaya, at presently residing at Patipuu, Digha Ghat, P.S.- Digha, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and learned counsel for the State through Virtual mode.

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 Digha P.S. Case No. 676 of 2021, corresponding to Special Case No. 7531/2021, for the offence registered under Sections 30(a), 30(c), 32(iii) and 36(A) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 53 liters

Patna High Court CR. MISC. No.7719 of 2022(2) dt.25-02-2022 2/3 wine is recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He 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 53 liters wine is recovered. Out of which, 16 liters wine is said to have been recovered from the joint house 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.

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 the learned Special Judge, Excise, Patna, in connection with

Patna High Court CR. MISC. No.7719 of 2022(2) dt.25-02-2022 3/3 Digha P.S. Case No. 676 of 2021, corresponding to Special Case No. 7531/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T