Ranjan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11728 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== Ranjan Choudhary S/o Devi Choudhary R/o village- Simpur, P.S.- Haveli Kharagpur, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Kharagpur P.S. Case No. 29 of 2020, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, on secret information having been received, a raid was conducted in the house of the petitioner. It is stated that while the petitioner managed to escape, 60.375 litres of liquor was recovered from the area behind the petitioner's house.

It is submitted by learned counsel for the petitioner that no recovery as alleged in the FIR has taken place. Even

Patna High Court CR. MISC. No.11728 of 2020(2) dt.12-06-2020 2/2 otherwise the place from which the recovery is alleged cannot be said to be under the exclusive control of the petitioner. The petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration, the facts and circumstances of the case including the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Kharagpur P.S. Case no. 29 of 2020, he will be enlarged 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, III-cum-Special Judge (Excise Act), Munger subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T