Munna Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2665 of 2022 Arising Out of PS. Case No.-452 Year-2021 Thana- BHAGWAN BAZAR District- Saran ====================================================== MUNNA CHOUDHARY Son of Late Ramawatar Choudhary Resident of Village - Brahampur, P.s.- Bhagwan Bazar, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 40 litre of liquor from a place near Lal Kothi and one accused fled on seeing the police and the spy disclosed his name as Arjun Rai, thereafter, it is alleged that ten litre liquor was recovered from the house of Bhola Chaudhary and two litre liquor from the house of Nanhe Chaudhary.

Learned counsel for the petitioner submits that from bare perusal of the F.I.R. it would manifest as if name of the

Patna High Court CR. MISC. No.2665 of 2022(3) dt.04-07-2022 2/2 petitioner has been merely added on the ground that he was also an accomplice of the accused persons in business of liquor. It is next submitted that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession nor the place from where the alleged recovery was made belongs to the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhagwan Bazar P.S. Case No. 452 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/Shivam/- U T