Bikrama Chaudhary @ Vikrama Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69375 of 2019 Arising Out of PS. Case No.-335 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Bikrama Chaudhary @ Vikrama Chaudhary Son of Wakil Chaudhary Resident of Village - Jafra, P.S.- Siwan Muffasil, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Siwan Mufassil P.S. Case No. 335 of 2019 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Excise and Prohibition Act2018. 23.360 lts. of country made liquor is said to have been recovered from the asbestos house of the petitioner and petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. Petitioner has no concern

Patna High Court CR. MISC. No.69375 of 2019(2) dt.18-12-2019 2/2 with the seized liquor. Albeit, the liquor is said to have been recovered from the house of the petitioner but, the copy of the seizure list has not been furnished to any of the family members of the petitioner and it also does not bear his signature, which rules out the aforesaid recovery from the house of the petitioner. There is violation of Section 100 Cr.P.C., hence, the petitioner may be enlarged on bail.

On the other hand, learned APP opposed the bail prayer of the petitioner.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer is rejected.

However, petitioner is directed to surrender before the court below within six weeks and seeks regular bail and learned court below shall pass order on the very date of his surrender in accordance with law considering the facts and circumstances of the case without being prejudiced by this order.

(Prakash Chandra Jaiswal, J) rohit/- U T