Surendra Prasad Chaurasia @ Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50736 of 2021 Arising Out of PS. Case No.-113 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== SURENDRA PRASAD CHAURASIA @ SURENDRA PRASAD, aged about 45 years (M), Son of Late Rajdeo Prasad Chaurasia, Resident of Village - Bhagwanpur, P.S.- Madhuban, District - East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the Opposite Party :

Mrs. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-11-2021 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 Madhuban P.S. Case No. 113 of 2021 for the offence registered under Sections 272, 273 of the I.P.C. and 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 57 liters wine is recovered from the joint house of the petitioner.

Patna High Court CR. MISC. No.50736 of 2021(2) dt.17-11-2021 2/3 It has been submitted by learned counsel for the 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 57 liters wine is recovered from the joint house of the petitioner where other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. The petitioner had no knowlede regarding the alleged incident. 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, Motihari, East Champaran, in connection with Madhuban P. S. Case No. 113 of 2021, subject

Patna High Court CR. MISC. No.50736 of 2021(2) dt.17-11-2021 3/3 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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