Dharmendra Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25223 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== Dharmendra Choudhary, Male, aged about 25 years, Son of Malu Choudhary Resident of Village - Manar, P.S. - Daudnagar, Distt.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Daudnagar P.S. Case no. 77 of 2019 under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 55 litres of country made liquor is said to have been recovered from the motorcycle and one accused namely Anil Kumar was apprehended while other managed to escape. Apprehended accused disclosed the name of the petitioner as his fleeing accomplice in the occurrence.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no
Patna High Court CR. MISC. No.25223 of 2019(2) dt.19-04-2019 2/2 concern either with the seized liquor or motorcycle in question. He was not apprhended on the spot. He has been falsely implicated in the case by the said Anil Kumar who is having land dispute with the petitioner. There is violation of Section 100 Cr.P.C. 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 amount each to the satisfaction of learned Addl. Sessions JudgeVII cum Special Judge (Excise), Aurangabad in connection with Daudnagar P.S. Case no. 77 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) mantreshwar/- U T