Vijay Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25305 of 2019 Arising Out of PS. Case No.-156 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Vijay Chaudhari, son of Timal Chaudhari, resident of village Tankuppa, P.S. Tankuppa, District Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha For the Opposite Party/s :
Mr. Braj Kishore Pd.(App) ====================================================== 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 Excise Case no. 156 of 2019 registered under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018. 7 liters of country made liquor is said to have been recovered from the house of the petitioner and the petitioner absconded.
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 concern with the seized liquor. He has been falsely implicated in the case at the instance of his enemies. The house of the
Patna High Court CR. MISC. No.25305 of 2019(2) dt.19-04-2019 2/2 petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. He was not apprehended on the spot. There is violation of Section 100 Cr.P.C. He 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Gaya in connection with Excise Case No. 156 of 2019, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) Trivedi/- U T