Vishwanath Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15687 of 2018 Arising Out of PS.Case No. -105 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictSARAN ====================================================== Vishwanath Choudhary, S/o Jawahar Choudhary, R/o Village- Tarwa Magarpal, P.S.- Dariyapur, District- Saran at Chapra. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Udai Shankar Singh, Advocate. For the Opposite Party : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Section 47(a) of Bihar Excise Act. The prosecution story, in brief, is that total 64 liters wine alongwith 240 Kg. of Jawa Mahua is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 64 liters wine alongwith 200 Kg. of

Patna High Court Cr.Misc. No.15687 of 2018 (2) dt.19-03-2018 2/2 Jawa Mahua is recovered. The name of the petitioner has come on the basis of alleged recovery made from the hut which is situated at the back of the 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, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six 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 the learned Additional District and Sessions Judge-VIth, Saran at Chapra, in connection with Excise P.S. Case No. 105/2014 (corresponding to Tr. No. 3755 of 2015), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T