Rinku Chaudhary @ Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21855 of 2024 Arising Out of PS. Case No.-486 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Rinku Chaudhary @ Tinku Kumar Son of Hira Chaudhary R/o VillageDoiya, P.S.- Noorsarai, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath, Adv For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Noorsarai P.S Case No. 486 of 2023 registered for the offence punishable under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 10 litres of country made liquor was recovered from the Scooty in question.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.21855 of 2024(2) dt.02-04-2024 2/2 possession of the petitioner. It is submitted that the petitioner has no concern with the liquor and the scooty. There is no compliance of Section 100 of the Cr.P.C. The petitioner has one criminal antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 20,000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge cum Exclusive Excise Judge 2nd, Nalanda/ concerned court in connection with Noorsarai P.S. Case No. 486 of 2023 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Chandra Prakash Singh, J) N.K/- U T