Suresh Choudhary @ Suresh Kumar Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22000 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- RANIGANJ District- Araria ======================================================

1. Suresh Choudhary @ Suresh Kumar Choudhary.

2. Ramesh Choudhary. Both Sons of Munsi Lal Choudhary, Resident of Village- Pumha, P.S.- Pipra, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar Sinha For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 406 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 name of the petitioner has come on the disclosure of co-accused Jai Krishna Kumar @ Bauwa. Except for this, there is no other substantive evidence to suggest the implication of the petitioner

Patna High Court Cr.Misc. No.22000 of 2018(2) dt.18-04-2018 2/2 in this case. It is alleged that 406 liters wine is recovered from two different cars. None of the cars in question belongs to the petitioner. 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, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six 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 learned 2nd Additional Sessions Judge-cum-Special Judge (Excise), Araria in connection with Raniganj P.S. case No.74 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T