Om Prakash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44680 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- DIGHA District- Patna ====================================================== OM PRAKASH CHAUDHARY, (M), aged about 53 years, Son of Muneshwar Chaudhary, Resident of Shiv Mandir, Jhunjhunwala Road, P.S.- Danapur, Distt. - Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nagmani Kumar, Advocate For the Opposite Party :

Mr.Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Special Case No. 511 of 2021, arising out of Digha P.S. Case No. 43 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 90 liters wine is recovered from the Tempo in question. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.44680 of 2021(2) dt.25-10-2021 2/3 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 90 liters wine is recovered from the Tempo in question. The petitioner is alleged to be the owner of the Tempo in question. The said Tempo is run as public carrier. The petitioner had no knowledge regarding the nature of goods booked by the Transporter. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of 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/ Complaint Case. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or 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 the learned Special Judge, Excise, Patna, in connection with Special Case No. 511 of 2021, arising out of Digha P.S. Case

Patna High Court CR. MISC. No.44680 of 2021(2) dt.25-10-2021 3/3 No. 43 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T