Birju Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41043 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- ATRI District- Gaya ====================================================== Birju Chauhan S/O Sarju Chauhan R/O Riuela Chauthi Beldari, P.S.- Atri, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016.
Recovery of liquor is not alleged from the physical possession or house of the petitioner. The petitioner has stated on oath that he has got no criminal antecedent. Only material is confessional statement of co-accused before the police while in police custody.
Considering the facts aforesaid, let the petitioner,
Patna High Court CR. MISC. No.41043 of 2021(2) dt.13-12-2021 2/2 above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Atri P.S. Case No. 2 of 2021, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T