Ajit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35273 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- BARHARIA District- Siwan ====================================================== 1.

AJIT CHAUDHARY Son of Late Ganesh Pasi @ Ganesh Chaudhary Resident of Village - Kubahi, P.S.- Barharia, Dist.- Siwan. 2.

SANJEET CHAUDHARY Son of Late Ganesh Pasi @ Ganesh Chaudhary Resident of Village - Kubahi, P.S.- Barharia, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 5 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.35273 of 2021(2) dt.29-09-2021 2/3 allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired as the recovery is made from the Courtyard behind the joint house of the petitioners. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 5 liters wine is recovered from the Courtyard behind the joint house of the petitioners. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners 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 petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge-cum- Special Judge, Excise, Siwan in connection with Barharia P.S. Case No. 45 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.35273 of 2021(2) dt.29-09-2021 3/3 Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T