Tunni Chauhan @ Dharmbrind Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62121 of 2023 Arising Out of PS. Case No.-316 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== TUNNI CHAUHAN @ DHARMBRIND CHAUHAN Son of Kedar Chauhan R/o vill - Naraura Beldai, P.s. - Nursarai, Distt. - Nalanda (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272 & 273 of the IPC and 30 (a) (c)of the Bihar Excise and Prohibition Act, 2018. 3.

Altogether 22 litres of country made liquor has been recovered from the place of occurrence. Seeing the police, petitioner is said to have fled away from the spot. 4.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the disclosure of his name by the local people. Petitioner has neither been apprehended on the spot nor any incriminating

Patna High Court CR. MISC. No.62121 of 2023(2) dt.18-10-2023 2/3 article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor or place of recovery. Petitioner has no criminal antecedent mentioned in para-3 of the bail application. 5.

Petitioner is agreed to deposit a sum of Rs.5,000.00/- (Rupees Five Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

6.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Nursarai P.S. Case No. 316 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to

Patna High Court CR. MISC. No.62121 of 2023(2) dt.18-10-2023 3/3 inform the Court if there is any change in the address of the petitioner.

(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

7.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) divyanshi/- U T