Kanhaiya Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75739 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- CHAORI District- Bhojpur ====================================================== KANHAIYA CHOUDHARY S/o Late Gulab Chand Chaudhary R/o villageAndhari, P.S.- Chouri, Distt.- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Section 30(a) of Bihar Excise Prohibition (Amendment) Act, 2018.

Informant has alleged that on receiving specific information that FIR named accused are engaged in trade of illicit liquor raided the village and upon seeing the police, four accused who were carrying the illicit liquor threw away and fled away and the local Choukidar disclosed their names. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to animosity and village rivalry. Nothing has been recovered from his possession nor he has been apprehended on the spot.

Patna High Court CR. MISC. No.75739 of 2019(4) dt.06-01-2020 2/2 Petitioner has no criminal antecedent and no offence under the excise act is made out against petitioner.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Chouri P.S. Case No. 97 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T