Chandan Choudhry @ Chandan Kumar Choudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2280 of 2020 Arising Out of PS. Case No.-188 Year-2018 Thana- BALIYA District- Begusarai ====================================================== CHANDAN CHOUDHRY @ CHANDAN KUMAR CHOUDHRY Son of Late Harinandan Choudhry Resident of Village-Godhana, Police StationBachhwara, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Ballia PS case no. 188 of 2018 registered for the offences punishable under Sections 30 (a), 32/41(1) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 1649 liters of illicit liquor from an open field situated in village-Mohanpur. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is not named in the F.I.R. and his name has transpired in the present case subsequently upon an investigation having been made by the

Patna High Court CR. MISC. No.2280 of 2020(2) dt.16-01-2020 2/2 police. It is further submitted that though the petitioner is accused in one other case but he is on bail in the said case. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner coupled with the fact that the illicit liquor has not been recovered either from the conscious possession of the petitioner or from his house, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs.

Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-IInd-cum-Special Judge, Excise, Begusarai in connection with Ballia PS case no. 188 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T