Vinda Choudhary @ Binda Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73066 of 2022 Arising Out of PS. Case No.-269 Year-2022 Thana- NOKHA District- Rohtas ====================================================== VINDA CHOUDHARY @ BINDA CHAUDHARI S/o Late Basant Choudhari R/v- Sariyaw, P.S.- Nokha, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30 (a), 37 (b) (c) of the Bihar Prohibition and Excise Act, 2018.

Allegedly, the petitioner was involved in the illegal trade of liquor along with co-accused. On the basis of secret information, when police conducted raid, petitioner managed to flee away while co-accused Iliyas Ansari was apprehended. Police recovered 63 litres country made liquor from the spot. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern

Patna High Court CR. MISC. No.73066 of 2022(2) dt.13-01-2023 2/3 either with the seized liquor or the place of recovery or any trade of liquor. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. There is nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended person which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Petitioner is agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Nokha P.S. Case No. 269 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the

Patna High Court CR. MISC. No.73066 of 2022(2) dt.13-01-2023 3/3 further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in PM Cares fund.

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