Jay Ram Choudhari @ Jaymara Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19271 of 2019 Arising Out of PS. Case No.-269 Year-2018 Thana- NOKHA District- Rohtas ====================================================== Jay Ram Choudhari @ Jaymara Choudhary Son of Lakshman Choudhari, Resident of Village-Sariawan, Police Station-Nokha, District-Rohtas at Sasaram.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2019 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 5.760 liters wine is 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 have been made from the paddy field situated by the side of house of the petitioner. Except for this,

Patna High Court CR. MISC. No.19271 of 2019(2) dt.29-03-2019 2/2 there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 5.760 liters wine is recovered from the paddy field situated by the side of house of the petitioner. 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 Additional Sessions Judge-II-cum-Special Judge, (Excise) Rohtas at Sasaram in connection with Nokha P.S. Case No. 269 of 2018, 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