Biru Choudhary @ Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48265 of 2022 Arising Out of PS. Case No.-95 Year-2022 Thana- CHAKAND District- Gaya ====================================================== BIRU CHOUDHARY @ ANUJ KUMAR S/o Rajendar Choudhary R/o village- Hari Gaon, Chakand, P.S.- Chandauli, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Excise Act. Altogether 80 litres of country made liquor and 6 litres of english wine is said to have been recovered from the spot. One person was apprehended from the spot.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis of secret information. Petitioner has neither been apprehended on the spot nor any incriminating article has been

Patna High Court CR. MISC. No.48265 of 2022(2) dt.04-11-2022 2/3 recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The petitioner has no concern with the alleged place from where the recovery has been made. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs.20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his 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.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 Chakand P.S. Case No.95 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.48265 of 2022(2) dt.04-11-2022 3/3 how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

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 Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) shikha/- U T