Parsuram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44707 of 2018 Arising Out of PS.Case No. -154 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictSIWAN ====================================================== Parsuram Chaudhary, Son of Jagar Nath Chaudhary, resident of Village Dindyalpur, P.S.- G.B. Nagar, District- Siwan. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Bijay Prakash Singh, Advocate. For the Opposite Party : Smt. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-07-2018 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 Section 47(a) of the Bihar Excise Act. The prosecution story, in brief, is that total 18 liters wine and 1000 Kg. Mahua Jawa 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 18 liters wine and 1000 Kg. fermented Jawa is recovered in abandoned state from the field in question.

Patna High Court Cr.Misc. No.44707 of 2018 (2) dt.25-07-2018 2/2 The name of the petitioner has come on the basis of alleged recovery in abandoned state made from the field belongs to the petitioner. 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan, in connection with C-II154/13, Tr. No. 547/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K.