Rambabu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32628 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- AANDAR District- Siwan ====================================================== RAMBABU CHAUDHARY S/O BAIDHNATH CHAUDHARY R/O VILLAGE-PACHBARWA, P.S-ANDAR, DISTRICT-SIWAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Andar P.S. Case No. 24 of 2021 registered for the offence under Section30(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 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.32628 of 2021(2) dt.26-08-2021 2/3 present case. It is alleged that 5 liters wine is recovered by near the mango tree. The mango tree, in question does not belong to the petitioner. The name of the petitioner has transpired in this case on the basis of secret information. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present 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. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, 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 his personal bond to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge in connection with Andar P.S. Case No. 24 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.32628 of 2021(2) dt.26-08-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T