Arvind Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63414 of 2021 Arising Out of PS. Case No.-377 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== ARVIND CHOUDHARY Son of Satyanarayan Choudhary Resident of village - Makhdumganj, P.S.- Chapra Mufassil, Dstt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Chapra Mufassil P.S. Case No. 377 of 2021 registered for the offence under Sections-30(a)//41(i) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 130 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that out of 130 litres, 20 litres wine is recovered from an orchard belonging to joint family of the petitioner whereas 110 litres wine is recovered from a tempo.

Patna High Court CR. MISC. No.63414 of 2021(2) dt.14-12-2021 2/2 The tempo, in question does not belong to 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 of the case, let the petitioner, above named, in the event of arrest/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 learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Saran at Chapra in connection with Chapra Mufassil P.S. Case No. 377 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T