Patna High CourtCR. MISC./8561/2024bail granted

Jhagaru @ Jhagaru Chaudhary v. The State Of Bihar

2024-02-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8561 of 2024 Arising Out of PS. Case No.-370 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== JHAGARU @ JHAGARU CHAUDHARY S/O HIRA CHOUDHARI R/OVILLAGE- NABEEGANJ, P.S.- RIVILGANJ, DIST.- SARAN AT CHAPRA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bhagwan Bazar P.S. Case No.370/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 176 litres of liquor from a car. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner or the driver of the seized vehicle and he came to be implicated based on confessional statement of co-accused

Patna High Court CR. MISC. No.8561 of 2024(2) dt.27-02-2024 2/2 namely Rakhi Ranjan in police custody, which does not have any evidentiary value in the eye of law.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise-1st, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No.370/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T