Bulli Chouhan @ Sudina Noniyan (Sudina Noniya) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52259 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Bulli Chouhan @ Sudina Noniyan (Sudina Noniya), Son Of Ramnarayan Noniya R/O-Jamua, P.S.-MADANPUR, Distt.-AURANGABAD ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 34, 36 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of eleven cases and the allegation is of recovery of 420 litres of liquor from a pick-up vehicle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of villagers, but then, the F.I.R. does not disclose the name of the villager, who disclosed the name of the petitioner is not recorded in the F.I.R. which cast an

Patna High Court CR. MISC. No.52259 of 2023(2) dt.16-08-2023 2/2 aspersion on the case of the prosecution. It is further submitted that it appears that police in order to save the real culprit falsely implicated the petitioner because of his antecedents by alleging that his name was disclosed by unknown villager. It is next submitted that petitioner is not the owner of the seized vehicle.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.01, Aurangabad in connection with Madanpur P. S. Case No.247 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T