Vijay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50368 of 2016 Arising Out of PS.Case No. -149 Year- 2016 Thana -EKMA District- SARAN ====================================================== Vijay Choudhary son of Late Lakat Choudhary, resident of Village - Parsa Garh, P.S. Ekma, District Saran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272/273 of the Indian Penal Code and Section 47 of the Excise Act.

Allegation is that on confidential information the informant along with other police personnel raided the house of the petitioner and recovered 13 liters country made liquor. 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 falsely been implicated in the present case. It is alleged that 13 liters of country made liquor was recovered from

Patna High Court Cr.Misc. No.50368 of 2016 (2) dt.24-11-2016 2/2 the house of the petitioner. The allegation made in the F.I.R. is denied by the petitioner. 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 Sri Divya Prakash, Judicial Magistrate, Saran, Chapra in connection with Ekma P.S. case No.149 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T