Biru Choudhary @ Biru Bhusan Choudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52944 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== Biru Choudhary @ Biru Bhusan Choudhari, Son of Late Ram Rahasya Choudhary, Resident of Village- Gangati, P.S.- Dawath, District- Rohatas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Opposite Party/s :

Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 233.280 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the disclosure of co-accused Chhotak Paswan. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 233.280 liters wine is recovered

Patna High Court Cr.Misc. No.52944 of 2018(2) dt.04-09-2018 2/2 from the tractor. The tractor in question does not belong to the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd-cumSpecial Judge, Excise Act, Buxar in connection with Excise case No.502 of 2018/99(0) of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T