Amit Kumar Chaudhary @ Amit Kumar Ram @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67855 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- DARIHAT District- Rohtas ====================================================== Amit Kumar Chaudhary @ Amit Kumar Ram @ Amit Kumar, S/o Shri Bhagawan Chaudhary @ Shri Bhagawan Ram, @ Bhagwan Ram, R/oParuhar, P.S.- Darihat, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sinha For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Darihat P.S. Case No. 60 of 2019, registered under Section 30(a) of the Bihar Excise Act, 2016.

The accusation is that on receiving secret information about carrying the illicit liquor by Amit Kumar Chaudhary (petitioner) and one Dara Chaudhary through motorcycle keeping in bag, the informant along with other police personnel started checking. In that course, on seeing the police party, two persons boarding on motorcycle succeeded to flee away throwing the bag. On search, 106 pouches each containing 200 ml country made liquor recovered from the bag.

Patna High Court CR. MISC. No.67855 of 2019(2) dt.31-01-2020 2/2 Learned counsel for the petitioner submits that it would appear from the FIR that the informant, who is ASI of Darihat Police Station, has not disclosed the fact that as to how the name of petitioner and other co-accused have surfaced in the present case, in fact, due to dirty village politics the name of the petitioner and other co-accused have surfaced in the present case. 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 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram, in connection with Darihat P.S. Case No. 60 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T