Tarkeshwar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3862 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- GOPALPUR District- Gopalganj ====================================================== Tarkeshwar Chauhan, son of Tarkeshwar Chauhan, resident of village sapaha, P.S. Gopalpur, District Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 & 420 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

249.600 hooch is said to have been recovered from a Toyata car and a scooter.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or

Patna High Court CR. MISC. No.3862 of 2021(2) dt.19-03-2021 2/2 any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. There is violation of Section 100 Cr.P.C. He was not apprehended on the spot. Petitioner has no criminal antecedent and has been languishing in custody since 10.07.2020.

Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, on furnishing bail bond 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 in connection with Gopalpur P.S. Case No. 148 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T