Pintu Chaudhary @ Pintu Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52483 of 2021 Arising Out of PS. Case No.-143 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== Pintu Chaudhary @ Pintu Kumar Chaudhary, aged about 28 years, GenderMale, Son of Dular Chaudhary, R/O Village- Balua Tol, P.S.- Jaynagar, District- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2021 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 Jaynagar P.S. Case No. 143 of 2019, corresponding to G.R. No. 589 of 2019 for the offence registered under Sections 272, 273, 120(B)/34 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 284.180 liters wine is recovered from the open field of one Rohit Kumar. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.52483 of 2021(2) dt.26-11-2021 2/3 petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 284.180 liters wine is recovered from the open field of one Rohit Kumar. The name of the petitioner has transpired in the present case on the basis of disclosure made by local Choukidar. 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 Additional Sessions Judge-2nd-cum-Special Judge, Excise Act, Madhubani, in connection with Jaynagar P.S. Case No. 143 of 2019, corresponding to G.R. No. 589 of 2019,

Patna High Court CR. MISC. No.52483 of 2021(2) dt.26-11-2021 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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