Bijay Kumar Chaudhary @ Bijay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40454 of 2018 Arising Out of PS.Case No. -216 Year- 2013 Thana -BARBIGHA District- SEKHPURA ====================================================== BIJAY KUMAR CHAUDHARY @ BIJAY CHAUDHARY, Son of Rajendra Chaudhary, Resident of Village- Narayanpur, P.S.- Barbigha, District- Sheikhpura.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dr. Anjani Pd. Singh, Advocate. For the Opposite Party : Mr. Zainul Abedin, APP 196 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 273 of the IPC and 47(a) of the Excise Act.

The prosecution story, in brief, is that total 10 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 10 liters wine is recovered from the Jeep in question. The Jeep in question does not belong to the

Patna High Court Cr.Misc. No.40454 of 2018 (2) dt.13-07-2018 2/2 petitioner. The name of the petitioner has come on the basis of disclosure made by the co-accused Devendra Prasad. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned First Additional District and Sessions Judge, Sheikhpura, in connection with Barbigha P.S. Case No. 216 of 2013 and Excise Case No. 379 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./AbhijeetU T