Raj Kumar Chudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9989 of 2020 Arising Out of PS. Case No.-275 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== Raj Kumar Chudhary Son of Late Sukhdeo Chaudhary Resident of Village - Pali, P.S. - Kowakole, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Kowakole P.S. Case No.275 of 2019, registered for the offence punishable under Section 30 (a) of Bihar Prohibition & Excise Act.

The police has recovered 70 litres of illegal liquor from two motorcycles and 20 litres from the house of the present petitioner, however, counsel for the petitioner submits that he has no way connected with the seized motorcycles bearing registration nos. JH-10AA-1082 and MH-05BE-0150. Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on provisional

Patna High Court CR. MISC. No.9989 of 2020(2) dt.03-03-2020 2/2 anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with Kowakole P.S. Case No. 275 of 2019 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This Court directs the court below to hold an enquiry as to whether aforesaid motorcycles having registration nos.JH10AA-1082 and MH-05BE-0150 are in any way belonging to the petitioner or not. If, it is found that that the aforesaid motorcycles are not in any way belonging to the petitioner, in that circumstances, his provisional bail will be confirmed. If it goes against the petitioner, then his bail bond will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/- U T