IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17922 of 2011 Munna Chaudhary Versus The State Of Bihar ----------- 03/ 7th July 2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the States. O/C of Buniyadganj P.S. recorded his own fardbeyan divulging the fact that on getting confidential information regarding preparation of spurious wine, a raid was conducted and during the course thereof the persons engaged therein began to flee out of where altogether five persons were apprehended while remaining escaped who were named by the local inhabitants wherein the name of the petitioner also figures. The equipments, machines and raw materials for preparation of wine have been seized there-from. The contention on behalf of the petitioner is that petitioner is an innocent and has been falsely implicated in this case at the instance of his enemy otherwise there was no possibility for the police personnel as well as the local inhabitants to identify the petitioner. Apart from this, it has been submitted that 2 neither the petitioner carries criminal antecedent nor he happens to be engaged in preparation of spurious wine because of the fact that he has been shown as a person who succeeded in his escape. On the other hand, learned APP opposes the prayer for bail and submits that petitioner was identified during course of fleeing from the place of occurrence. He further concedes that on the basis of averment made in the supplementary affidavit, no criminal antecedent is visualizing. In the aforesaid facts and circumstances of the case, the petitioner, MUNNA CHAUDHARY is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Buniyadganj P.S. case No. 24/2011, in the event of arrest or surrender within a fortnight subject to the condition as laid down under Section 438(2) of the Cr.P.C. perwez (Aditya Kumar Trivedi, J.)