Chandan Kumar @ Avinash Kumar Thakur @ Avinash Kumar @ Avinish Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22515 of 2023 Arising Out of PS. Case No.-494 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== Chandan Kumar @ Avinash Kumar Thakur @ Avinash Kumar @ Avinish Kumar Thakur Son Of Naresh Chandra Thakur Resident Of Village Parri Po Parri Ps Biraul, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandrasekhar Sharma, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 467, 468, 471, 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 3554.16 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 3554.16 liters wine is recovered from five different vehicles. None of the vehicles in question belongs to the petitioner. The name of the petitioner has

Patna High Court CR. MISC. No.22515 of 2023(2) dt.16-05-2023 2/3 transpired on the basis of disclosure made by the local residents. The names of local residents, who have named the petitioner, have not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. 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 twelve 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 the Court below/concerned Court in connection with Biraul P.S. case No. 494/2022, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.22515 of 2023(2) dt.16-05-2023 3/3 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/Nitin U T