Patna High CourtCR. MISC./9534/2024bail granted

Virendra Chaudhary Alias Birendra Chaudhary v. The State Of Bihar

2024-02-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9534 of 2024 Arising Out of PS. Case No.-708 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Virendra Chaudhary Alias Birendra Chaudhary Son of Late Samadayal Chaudhary alias Late Shyamdyal Chaudhary R/O village - Kohra, P.S.- Makhdumpur, Dist.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Aditya Narayan Singh.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024

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

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

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

4. Allegation is of recovery of 12 litres of liquor behind the house of Karu Chaudhary.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that even the alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner

Patna High Court CR. MISC. No.9534 of 2024(2) dt.28-02-2024 2/2 and petitioner came to be implicated by the informant with an allegation that he threw the liquor and fled away when petitioner admittedly is a person with clean antecedent.

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

7. 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 court below where the case is pending/successor court in connection with Makhdumpur (Tehta O.P.) P.S. Case No. 708 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T