Raghunath Chaudhary @ Raghunath Chaudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5551 of 2024 Arising Out of PS. Case No.-331 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== RAGHUNATH CHAUDHARY @ RAGHUNATH CHAUDHRY SON OF LATE GANPAT CHAUDHARY RESIDENT OF VILLAGE - KAMALPUR, P.O. - JALALPUR, P.S. - LALGANJ, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravish Mishra For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Lalganj P.S. Case No.331/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. An allegation is of total recovery of 25 litres of liquor out of which five litres was recovered from the house of Deepak Paswan and 20 litres is alleged to have been recovered from the bike of the petitioner. It is next submitted that the petitioner was not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.5551 of 2024(2) dt.15-02-2024 2/2 recovered from his conscious possession and he came to be implicated being owner of the said vehicle. It is next submitted that the petitioner was completely unaware that Raj Kishore Kumar and Manjay Kumar would misuse the vehicle in the manner as alleged, who were also apprehended from the spot.

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

6. 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.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Lalganj P.S. Case No.331/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T