Rajiv Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10187 of 2022 Arising Out of PS. Case No.-442 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== Rajiv Kumar Choudhary Son Of Sri Upendra Choudhary R/O VillageKailash Nagar, P.S.- Ranchi, District- Ranchi (JHARKHAND) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate For the Opposite Party/s :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

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 Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 128.250 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.10187 of 2022(2) dt.11-03-2022 2/2 case. It is alleged that 128.250 liters wine is recovered from the bus. The petitioner is the owner of the bus in question. The said bus is run as public carrier. The petitioner had no knowledge regarding the nature of goods being kept in the bus. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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 complaint case/F.I.R. Considering the facts and circumstances of the case, 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 learned Exclusive Special Excise Judge Court No.1, Purnea in connection with Sadar P.S. case No.442 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.