Vijay Chaudhary @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15532 of 2024 Arising Out of PS. Case No.-585 Year-2023 Thana- DEEPNAGAR District- Nalanda ====================================================== Vijay Chaudhary @ Vijay Kumar Son of Late Hemchand Chaudhary Resident of Village- Mirchaiganj, P.S.- Nalanda, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. Allegation is of recovery of 330 litres of liquor from furniture shop of the petitioner and from the vacant land near his shop.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that the shop does not belong to the petitioner and he came to be implicated based on secret information which is the easiest way

Patna High Court CR. MISC. No.15532 of 2024(2) dt.12-03-2024 2/2 to implicate someone. It is next submitted that it absolutely does not stand to reason that how the petitioner was implicated when the shop from where it is alleged that liquor was recovered does not belong to him.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Deep Nagar P.S. Case No. 585 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T