Birendra Chaudhary @ Virendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80664 of 2024 Arising Out of PS. Case No.-44 Year-2012 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Birendra Chaudhary @ Virendra Choudhary Son of Sri Prem Chaudhary, Resident of Village - Deoriya, P.S.- Maharajganj, Dist- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mthilesh Kumar, Advocate.

For the Opposite Party/s :

Ms. Shaheen Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Excise Case No. C-II-44 of 2012 instituted under Sections 47A of the Bihar Excise Act.

3. As per the prosecution case, there is recovery of 50 litres of countrymade wine from the poultry farm of petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submits that the alleged poultry farm from where the alleged recovery was made does not belong either to the petitioner or his family members. Learned counsel submits that petitioner has clean

Patna High Court CR. MISC. No.80664 of 2024(2) dt.04-12-2024 2/2 antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Judge, Excise II at Siwan in connection with Excise Case No. C-II-44 of 2012, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T