Chandan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43271 of 2021 Arising Out of PS. Case No.-357 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== CHANDAN CHAUDHARY Son of Late Jawahir Chaudhary @ Jawahar Chaudhary @ Jawahar Choudhary Resident of Village - Bajidpur, Police Station - Sheikhpura and District - Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in Excise Case No. 219 of 2020 arising out of Sheikhpura P.S. Case No. 357 of 2020 registered for the offence under Sections-272 & 273 of the Indian Penal Code and Section-30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution case, in short, is that 5.5 liters wine is recovered.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.43271 of 2021(2) dt.29-10-2021 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 5.5 liters wine is recovered from house of the co-accused while 30 litres wine is recovered beside house of another co-accused. The name of the petitioner has transpired in this case on the basis of disclosure made by local residents. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. 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 of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Sheikhpura in

Patna High Court CR. MISC. No.43271 of 2021(2) dt.29-10-2021 3/3 connection with Excise Case No. 219 of 2020 arising out of Sheikhpura P.S. Case No. 357 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T