Munna Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19674 of 2021 Arising Out of PS. Case No.-194 Year-2020 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

MUNNA CHAUHAN S/o Gopal Chauhan R/o village- Mahuar, P.S.- Nabinagar, District- Aurangabad 2.

Bijendra Chauhan S/o Siyaram Chauhan R/o village- Mahuar, P.S.- Nabinagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2021 It has been informed by learned counsel for the petitioners that petitioner no. 2 Bijendra Chauhan has already been arrested in this case. Hence, his prayer for anticipatory bail is dismissed as infructuous now.

Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner no. 1 is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Recovery of liquor is alleged from the river side. Unknown villagers supported that the petitioners were involved in the preparation of said liquor. Petitioner No. 1 has got no

Patna High Court CR. MISC. No.19674 of 2021(3) dt.07-12-2021 2/2 criminal antecedent.

Since there is no direct material against the petitioner no. 1, let petitioner no. 1, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Nabinagar Police Station Case No. 194 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner no. 1 shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner no. 1.

(b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T