Chandrama Chou. @ Chandrama Chaudhary @ Chandrama Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28763 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Chandrama Chou. @ Chandrama Chaudhary @ Chandrama Pasi Son of Late Shivpujan Chaudhary Resident of Village- Gopalpur Chatti, P.S.- Hussainganj, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

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 CIII Case No. 109 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 4 litres country made liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.28763 of 2021(2) dt.07-02-2022 2/2 implicated in this case. He has got no criminal antecedent. The name of the petitioner has been disclosed in this case by the apprehended co-accused, namely, Rohit Mandal, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

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 CIII Case No. 109 of 2020, 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 Additional Sessions Judge 2nd-cumSpecial Judge, Excise, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T