Sudhir Chaudhary @ Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62074 of 2023 Arising Out of PS. Case No.-129 Year-2020 Thana- GOPALPUR District- Patna ====================================================== Sudhir Chaudhary @ Sudhir Kumar S/O Tuntun Chaudhary R/O VillagePanchrukhiya, P.S- Gopalpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Shekhar, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Gopalpur P.S. Case No. 129 of 2020 dated 18.04.2020, instituted for the offence punishable under Sections 188, 269, 270, 271 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. Allegation is recovery of 30 litres country made Mahua wine from Dukhan Manjhi, who was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner has not been arrested on the spot. The petitioner has been made accused in

Patna High Court CR. MISC. No.62074 of 2023(2) dt.16-10-2023 2/2 this case only on the basis of confessional statement of Dukhan Manjhi, who was apprehended on the spot. It is also submitted that petitioner has no concern with the accused person nor with the alleged motorcycle. Lastly, it has been submitted that he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Gopalpur P.S. Case No. 129 of 2020, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna, subject to condition as laid down under Section 438(2) of the Cr.P.C. as well as subject to the verification of the seized vehicle if registration of the said vehicle is not in the name of the petitioner, he may be granted anticipatory bail. (Khatim Reza, J) prabhat/- U T