Bhuletan Choudhary @ Shubham Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64244 of 2019 Arising Out of PS. Case No.-166 Year-2019 Thana- DANAPUR District- Patna ====================================================== Bhuletan Choudhary @ Shubham Choudhary, Son of Rajendra Choudhary Resident of Bibiganj Maidatoli, P.S.- Danapur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoranjan Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case No. 2267 of 2019 arising out of Danapur P.S. Case No. 166 of 2019, registered under Section 30(a) of the Bihar Excise Act.

The accusation is of recovery of 120 bottles each containing 375 ml and 24 bottles each containing 450 ml Indian made foreign liquor from the field situated in front of house of Harendra Masala Wala. On seeing the police party, four persons who were present there, started to flee away, while on chased, thee persons were apprehended, who disclosed their names as Rohit Kumar, Rohit Raj and Mithun Kumar and they also

Patna High Court CR. MISC. No.64244 of 2019(2) dt.22-10-2019 2/2 disclosed the name of petitioner, who succeeded to flee away. Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather his name has surfaced in the F.I.R. on the basis of confessional statement three co-accused, who were apprehended at the spot. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna, in connection with Special Case No. 2267 of 2019 arising out of Danapur P.S. Case No. 166 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Bhardwaj/- (Rajendra Kumar Mishra, J) U T