Rajesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21373 of 2021 Arising Out of PS. Case No.-425 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Rajesh Choudhary S/o Chulhai Choudhary @ Chulhai Chaudhary R/o villageKesho Narayanpur, Ward No. 13, P.S.- Tajpur (Halai O.P.), Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Submission is that recovery of liquor is alleged from an open place accessible by anyone. The petitioner has got no criminal antecedent. The petitioner was not there at the time of recovery.

Considering the submission aforesaid, let the petitioner, above named, in the event of his arrest or surrender

Patna High Court CR. MISC. No.21373 of 2021(2) dt.29-11-2021 2/2 before the 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 Excise Case No. 422 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T