Satyendra Chaudhary @ Chela v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12163 of 2024 Arising Out of PS. Case No.-221 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== Satyendra Chaudhary @ Chela Son Of Jayanarayan Chaudhary Resident Of Village- Sandesh, Ps- Sandesh, Distt- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Ramesh Chandra, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Sandesh P.S. Case No.221 of 2023, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that the petitioner has one criminal antecedent and allegation is of recovery of 75 liters of country made liquor from a plastic sack concealed under the bush.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and the alleged recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.12163 of 2024(2) dt.04-03-2024 2/2 and is accessible to public at large and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that it appears that the Chowkidar, with a view to save the real culprit, falsely implicated the petitioner.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court 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 trial court where the case is pending/successor court in connection with Sandesh P.S. Case No. 221 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) annpurna/- U T