Umesh Chaudhary @ Umesh Kumar Chaudhary @ Umesh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5279 of 2024 Arising Out of PS. Case No.-311 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Umesh Chaudhary @ Umesh Kumar Chaudhary @ Umesh Kumar Choudhary Son Of Late Ram Vilash Choudhary R/O-Bhawanipur (ACCORDING To Adharcard Village-Nijamat), Ward No. 04, P.S.-RAJNAGAR, Distt.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== 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 a case registered for the offences punishable under Sections 272, 273 and 34 of the IPC and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 5483.880 litres of liquor from a truck. Learned counsel next submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated by the Chowkidar with whom he is on an inimical term. It is also submitted that it appears that the Chowkidar, with a view to save the real culprit,

Patna High Court CR. MISC. No.5279 of 2024(2) dt.15-02-2024 2/2 falsely implicated the petitioner, who admittedly is a person with clean antecedent and is neither the owner nor the driver of the truck.

4.

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

5.

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 trial court 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 trial court where the case is pending/successor court in connection with Rajnagar P.S. Case No. 311 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T