Patna High CourtCR. MISC./9523/2024bail granted

Sushil Chaudhary v. The State Of Bihar

2024-02-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9523 of 2024 Arising Out of PS. Case No.-548 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Sushil Chaudhary S/o Yogi Chaudhary @ Jogi Chaudhary R/o Vill - Nawalpur, P.S. - Nawalpur (O.P.), Dist. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024

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

2. The petitioner apprehends his arrest in connection with Yogapatti (Nawalpur) (O.P.) P.S. Case No.548/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 31.680 litres of liquor from four motorcycles as detailed in the F.I.R. 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 of any of the seized vehicles and he came to be implicated based on confessional statement of Om Prakash in police custody, which does not have

Patna High Court CR. MISC. No.9523 of 2024(2) dt.28-02-2024 2/2 any evidentiary value.

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 Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Yogapatti (Nawalpur) (O.P.) P.S. Case No.548/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T