Dilip Chaudhri @ Dilip Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56944 of 2018 Arising Out of PS.Case No. -77 Year- 2018 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ====================================================== Dilip Chaudhri @ Dilip Chaudhary, S/O Shankar Choudhary, R/VMadudabad, P.S. Mohiuddinnagar, District-Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Kumar Singh, Advocate. For the Opposite Party : Mr. Aditya Narayan Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 341, 323, 307, 332, 333, 337, 353, 427, 504, 506 of the IPC and 45 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that on secret information received by the informant that the wine has been sold in a Toddy shop, he checked the said shop on which the shop keeper abused and threatened to assault the informant. Thereafter the matter was pacified. When the informant was returning, 60-70 persons having Lathi, Danda, Bricks-bats and rod in their hands surrounded the police jeep and assaulted the informant and other police personnels causing injury and also damaged the jeep.

Patna High Court Cr.Misc. No.56944 of 2018 (2) dt.12-09-2018 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner alleged to be one of the persons who was protesting against the police. His name has come in the present case due to mistake of fact. He was not present at the place of occurrence. There is no recovery of liquor in the present case. The petitioner had no knowledge regarding the alleged incident. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned Additional Sessions Judge6th-cum-Special Judge, Excise Act, Samastipur, in connection with Mohiuddinnagar P.S. Case No. 77 of2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T