Bulli Chouhan @ Sudina Noniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40284 of 2023 Arising Out of PS. Case No.-195 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== BULLI CHOUHAN @ SUDINA NONIYA son of Ram Narayan Noniya Village- Jamua PS - Madanpur Dist. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 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 Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that petitioner has antecedent of nine cases.

Allegation is of recovery of 175 litres of liquor from a car.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated by the nearby people but then the FIR does not disclose the name of the person who disclosed the name of the petitioner. It is further submitted that it appears that the police in

Patna High Court CR. MISC. No.40284 of 2023(2) dt.03-07-2023 2/2 order to save the real culprits falsely implicated the petitioner because of his antecedent when admittedly petitioner is not the owner of the seized vehicle.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madanpur P.S. Case No. 195 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T