Manoj Kumar Chaudhary @ Manoj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16544 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== Manoj Kumar Chaudhary @ Manoj Chaudhary Son of Rajendra Chaudhary @ Bhutani Chaudhary P.S.- Gardanibag, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Dilbar Krishna For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 800 liters toddy is alleged to have been recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in this case as the recovery is said to be made from an abandoned hut of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is

Patna High Court CR. MISC. No.16544 of 2019(2) dt.15-03-2019 2/2 alleged that 800 liters toddy is recovered from an abandoned hut. 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.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 learned Special Judge, Excise, Patna in connection with Gardanibagh P.S. Case No. 54 of 2019, Special Case No. 1081 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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