Pankaj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8805 of 2020 Arising Out of PS. Case No.-1053 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== PANKAJ CHAUDHARY Son of Jiwachh Chaudhary Resident of Village - Muradpur Dullah, P.S.- Ahiyapur, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 1053 of 2019 for the offence registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The allegation is regarding recovery of 10.830 litres of illicit liquor from the house of the accused persons. The learned counsel for the petitioner has submitted that the petitioner is innocent, he is having a clean antecedent and has been falsely implicated in the present case. It is further submitted that the wife of the petitioner has been arrested by the Police for the same offence and she has also been granted regular bail by the learned court below, hence the petitioner

Patna High Court CR. MISC. No.8805 of 2020(2) dt.28-02-2020 2/2 should not be penalized again.

Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1053 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T