Fantosh Chaudhary @ Fantoos Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3986 of 2020 Arising Out of PS. Case No.-448 Year-2019 Thana- AMARPUR District- Banka ====================================================== FANTOSH CHAUDHARY @ FANTOOS KUMAR CHAUDHARY Son of Chhathu Chaudhary, Resident of Village - Makduma, P.S.- Amarpur, Dist.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner.

In this case, the petitioner apprehends his arrest in connection Amarpur P.S. Case No. 448 of 2019 registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Allegedly 10 litres of liquor and few wherewithals for storage or perhaps manufacture of liquor was recovered from behind the house of the petitioner.

At the very outset of hearing, the learned counsel for the petitioner has submitted that co-accused Chandan Chaudhary @ Chandan Kumar Chaudhary has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 11.06.2020 in Cr. Misc. No. 14740 of 2020. He has further

Patna High Court CR. MISC. No.3986 of 2020(4) dt.21-10-2021 2/2 submitted that allegation against the petitioner is exactly similar to that of Chandan Chaudhary @ Chandan Kumar Chaudhary. None appeared on behalf of the State of Bihar. Considering the fact that the co-ordinate Bench has granted anticipatory bail to the co-accused on similar allegation, this Court does not see any reason as to why the similar benefit should not be granted to the present petitioner. Considering the facts and circumstances of the case, the petitioner above named, in event of arrest or surrender before the court below within six weeks from today, is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II, Banka/Successor Court in connection with Amarpur P.S. Case No. 448 of 2019, subject to condition as laid down under section 438(2) Cr. P.C. (Nawneet Kumar Pandey , J) Mahesh/- U T