Raju Chaudhary @ Present Mukhiya Raju Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68188 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- TISIAUTA District- Vaishali ====================================================== Raju Chaudhary @ Present Mukhiya Raju Chaudhary son of Shankar Chaudhary, Resident of Village- Nilorukundpur, P.S. Tisiauta, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that the petitioner was seen in a photograph with liquor which became viral on Whatsapp.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as he was seen in a photograph with liquor. The said photograph became

Patna High Court Cr.Misc. No.68188 of 2018(2) dt.19-11-2018 2/2 viral on WhatsApp. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of liquor in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident.

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/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 learned Additional Sessions Judge -II-cum- Special Judge, Hajipur, Vaishali in connection with Tisiauta P.S. Case No. 45/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T