Rajesh Chaudhary @ Siyarba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4223 of 2021 Arising Out of PS. Case No.-386 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Rajesh Chaudhary @ Siyarba Son Of Suresh Chaudhary Resident Of VillageMakhdumpur Dih , Kirana Shop (GROCERY Store) Situated At Village - Kansara , ,P.S- Makhdumpur, District-Jehanabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 30(a)(c) of the Bihar Prohibition and Excise Act, 2016.

The allegation is that 50 kgs mahua flower is recovered from the shop of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.4223 of 2021(2) dt.06-04-2021 2/2 petitioner. It is alleged that 50 kgs mahua flower is recovered from the shop of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II, Jehanabad in connection with Excise case No.761 of 2020 arising out of Makhdumpur P.S. case No.386 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T