Surendra Chaudhary @ Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11292 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- HATHUA District- Gopalganj ====================================================== Surendra Chaudhary @ Surendra Yadav S/O Sudarshan Chaudhary VillageJado Pipra, P.S.- Hathua, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-03-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Hathua PS case no. 233 of 2024 dated 24.09.2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that 24.09.2024, during patrolling, police party got information that petitioner was indulged in selling of illicit liquor near his house. Police reached at the place of occurrence. After seeing the police, one person fled away after throwing the gunny bag. Upon search, 15.200 liters of countrymade liquor was recovered. It is alleged that the villagers disclosed the name of the person, who succeeded in fleeing away, as the petitioner.

Patna High Court CR. MISC. No.11292 of 2025(2) dt.28-03-2025 2/2 4.

Learned Counsel for the petitioner submits that petitioner is having no criminal antecedent and he has falsely been implicated in this case on the basis of secret information and disclosure of name by the local villager. He further submits that illicit liquor has been recovered from near the house of the petitioner and not inside the house/ premises of the petitioner. 5.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and illicit liquor has not been recovered from inside the house/ premises of the petitioner, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XIII-cum-Special Judge, Excise Court No. 1, Gopalganj in connection with Hathua PS case no. 233 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T