Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5411 of 2020 Arising Out of PS. Case No.-463 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== ANIL CHAUDHARY, aged about 25 years, Male, Son of Late Jagdish Chaudhari, Resident of Village - Sipah, P.S.- Basantpur, District- Siwan. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mrs. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Basantpur P.S. Case No. 463 of 2019, registered for the offence under Sections 272, 273 and 308 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The Police has raided three houses and recovered 18 litres of liquor. Allegation has been made that from the house of this petitioner about 10 litres of country made liquor has been recovered.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

Looking to the quantum of liquor recovered from

Patna High Court CR. MISC. No.5411 of 2020(2) dt.29-02-2020 2/2 the house of this petitioner as well as the fact that the petitioner has no criminal antecedent, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, 2nd -cum- Special Judge, Excise, Siwan, in connection with Basantpur P.S. Case No.463 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 24.01.2020 then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T