Bhim Kumar Chaudhary v. The State of Bihar Bihar
Case at a glance
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Umesh Singh Mr. Nand Kishore, Adv ORAL ORDER 3 26-04-2024
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in connection with Manjhagarh P.S. Case No.395 of 2023 registered for the offences punishable under Sections 30(a), (b) and (c) of Bihar Prohibition and Excise Amendment Act,
As per prosecution case, 116 litre country made liquor and several equipment for preparing illicit liquor were recovered from the joint house of the co-accused Suganti Devi and petitioner. Co-accused Suganti Devi was apprehended on the spot. Local chowkidar disclosed the name of petitioner who fled away from the spot. Patna High Court CR. MISC. No.13618 of 2024(3) dt.26-04-2024
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears no criminal antecedent. The place of recovery is a joint house and petitioner cannot be held responsible for the alleged recovery as petitioner is residing separately from the said house. He further submits that name of the petitioner has been surfaced in the present case upon the disclosure of the local chowkidar and local chowkidar has inimical term with the petitioner and he has falsely been implicated in the case. Learned counsel further submits that there is no compliance of Section 100 of Cr. P.C.
The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II Cum Special Excise, Court No. 1, Patna High Court CR. MISC. No.13618 of 2024(3) dt.26-04-2024 Gopalganj in connection with Manjhagarh P.S. Case No.395 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U T
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