Shambhu Chaudhary @ Shambhu Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6506 of 2024 Arising Out of PS. Case No.-311 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Shambhu Chaudhary @ Shambhu Kumar Sah Son Of Late Vishwanath Chaudhary Resident Of Village-Bhawanipur (according To Adharcard Village-Bhatsimar, Near Bhagwati Mandir), Ward No. 04, P.S.-Rajnagar, District-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratanakar Jha, Adv For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30 (a) 41 (1) of the Bihar Prohibition & Excise Amendment Act.
3. The learned cousnel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 5483.880 liters of liquor from a truck.
4. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that petitioner was not the owner of the truck and he came to be implicated at the instance of local people but the
Patna High Court CR. MISC. No.6506 of 2024(2) dt.16-02-2024 2/2 name of the person, who disclosed the name of the petitioner is not mentioned in the FIR, which cast aspersion on the case of the petitioner.
5. Learned A.P.P opposes the bail application.
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, is directed to be released on bail on his furnishing bail bonds in the sum of Rs,. 5,000/- ( Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise No.1, Madhubani in connection with Rajnagar P.S.Case No. 311 of 2023, subject to the conditions laid down under section 438(2) of the Cr. P.C. (Satyavrat Verma, J) N.K/- U T