Birbal Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29904 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- DUMRAO District- Buxar ====================================================== BIRBAL CHOUDHARY S/O YOGENDRA CHOUDHARY R/O VillageChhathiya Pokhar Dumraon, P.S- Dumraon, Distt.- Buxar. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :
Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 36.540 liters of liquor from a dilapidated house near Chhatiya Pokhar, Dumraon.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated by the villager, but the name of the villager is not disclosed in the F.I.R., which creates doubt
Patna High Court CR. MISC. No.29904 of 2023(2) dt.18-05-2023 2/2 with regard to the veracity of the prosecution's case. It is also submitted that petitioner is not the owner of the place from where the alleged recovery was made.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dumraon P.S. Case No. 141 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T