Giris Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25474 of 2020 Arising Out of PS. Case No.-220 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== GIRIS CHAUDHARY Son of Late Bhikhari Chaudhary Resident of VillageChanda, P.S.- Muffasil in the District of Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2020 In view of the submission and the undertaking of the learned counsel for the petitioner, at the time of hearing of this application through video conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 21.09.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Udwant Nagar (Gajrajganj) P.S. Case no. 220 of 2020, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of patrolling duty,

Patna High Court CR. MISC. No.25474 of 2020(2) dt.21-10-2020 2/3 informant and other Police personnel received information to the effect that Arvind Paswan @ Dablu Paswan of villageGajrajganj along with Giris Chaudhary (Petitioner) are coming on motorcycle with sack containing illicit liquor, thereafter, informant and other Police personnel reached near Shiv temple of village-Amma then two persons were seen coming on motorcycle in fast speed. On seeing the Police party, they succeeded to flee away leaving the motorcycle along with sack. Both riders were identified as Arbind Paswan @ Dablu Paswan, who was driving the motorcycle and Giris Chaudhary (Petitioner), who was pillion rider. On search of sack, one plastic tube, containing 40 liters of country made liquor, recovered.

Learned counsel for the petitioner submits that petitioner has not been apprehended on the spot, rather, he has falsely been implicated in this case with ulterior motive. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.25474 of 2020(2) dt.21-10-2020 3/3 amount each to the satisfaction of the learned 4th Additional Sessions Judge-cum-Special Judge, Excise, Bhojpur, Ara in connection with Udwant Nagar (Gajrajganj) P.S. Case No. 220 of 2020, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T