Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2406 of 2022 Arising Out of PS. Case No.-162 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== ANIL CHAUDHARY Son of Late Baidhnath Chaudhary Resident of Village - Belmohan, Ward no.1, P.s.- Pupri, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is a case of recovery of about 5 liters of country made wine from the shop like hut of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner has no concern with the seized liquor and no liquor was recovered from the conscious or constructive possession of the petitioner and petitioner has not been arrested at the spot and the recovery is very small quantity.

Patna High Court CR. MISC. No.2406 of 2022(2) dt.13-06-2022 2/2 Petitioner has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions and also the fact that the recovery is very small quantity, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four 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 learned Additional District and Sessions Judge-II-cum-Special Judge (Excise Act), Sitamarhi in connection with Pupri P.S. Case No. 162 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T