This was an oral order granting anticipatory bail to the petitioner. He was apprehending arrest in a case involving possession of 30 liters of wine under various sections of the IPC and the Bihar Prohibition and Excise Act, 2016.
Anticipatory bail granted; surrender within six weeks; subsequent default bail bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15368 of 2020
Arising Out of PS. Case No.-388 Year-2019 Thana- CHAPRA MUFFASIL District- Saran
======================================================
ARVIND CHOUDHARY, aged about 45 years, Gender-Male, Son of Late Satyanarayan Choudhari, Resident of Village - Makhdumganj, P.S.- Chapra Mufassil, Dist.- Saran at Chapra.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Dewendra Narayan Singh, Advocate. For the Opposite Party : Mr.Tapeshwar Sharma, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 11-06-2020
Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
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 272, 273, 308/34 of the IPC, 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 30 liters wine is said to have been recovered.
It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.15368 of 2020(2) dt.11-06-2020 2/3
petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 30 liters wine is recovered from the joint house of the petitioner. The name of the petitioner has come in the present case on the basis of alleged recovery made from joint house of the petitioner where other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating article 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 of Cr. P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.
Considering the facts and circumstances of the case and also the lockdown, 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 his personal bond to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran at Chapra, in connection with Chapra Mufassil P.S. Case No. 388 of 2019, subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.15368 of 2020(2) dt.11-06-2020 3/3
the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
U.K./- U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in connection with offences under the Bihar Prohibition and Excise Act and IPC.
3 provisions across 3 enactments
Arvind Choudhary
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
