Allowed

Raj Kumar Chaudhary @Teni v. the State of Bihar

Patna HC21 Apr 2023CR. MISC./11843/2023

Case brief

AI extract

What is this about?

Anticipatory bail sought by a petitioner facing arrest over alleged recovery of five litres of wine from his joint house in a Gaya excise case. The court found no criminal antecedent or substantive evidence implicating him and released him on bail upon arrest or surrender within twelve weeks.

What did the court decide?

Anticipatory bail granted on furnishing Rs.10,000 bail bond with two sureties of like amount before Exclusive Special Excise Court No.01, Gaya.

Raj Kumar Chaudhary @Teni Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11843 of 2023

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Arising Out of PS. Case No.-220 Year-2021 Thana- BUNIYAD GANJ District- Gaya

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======================================================

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Raj Kumar Chaudhary @ TENI S/O Ram Swaroop Chaudhary R/v- Shekh Bigha, P.S.- Buniyadganj, District- Gaya

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 21-04-2023

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Heard learned counsel for the petitioner and learned APP for the State.

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

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The prosecution case, in short, is that 5 liters wine is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that

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Patna High Court CR. MISC. No.11843 of 2023(2) dt.21-04-2023 2/2

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5 liters wine is recovered from the joint house of the petitioner. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon’ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

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

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Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.01, Gaya in connection with Buniyadganj P.S. case No.220/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Narendra/-

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U T

Raj Kumar Chaudhary @Teni v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Raj Kumar Chaudhary @Teni v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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