Deepak Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14441 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== DEEPAK CHOUDHARY Son of Late Rajendra Choudhary Resident of Village - New Dilliya, Gali No. 06, P.S. - Dehri, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 52.200 litres of liquor from an open premise near the house of the petitioner. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession. He further

Patna High Court CR. MISC. No.14441 of 2022(2) dt.15-07-2022 2/2 submits that the place from where the alleged recovery is made does not belong to the petitioner. It appears that petitioner has been falsely implicated in order to save the real owner of the premise from where the alleged recovery was made. It is next submitted that it is very easy to implicate an innocent person based on secret information which is never disclosed. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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.2,000/- (Rupees Two 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 Excise Case No. 286 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T