Raju Chaudhary @ Raju Kumar Chaudary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17532 of 2024 Arising Out of PS. Case No.-115 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Raju Chaudhary @ Raju Kumar Chaudary son of Bhola Chaudhary VillageWarisaliganjUtari Bazar Koriey Tola Ps- Warisaliganj Dist- Nawada 2.

Bhola Chaudhary son of Late Munshi Chaudhary Village- WarisaliganjUtari Bazar Koriey Tola Ps- Warisaliganj Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that petitioner No. 1 has antecedent of one case and petitioner No. 2 has antecedent of two cases, and allegation is of recovery of 1 litre of liquor from a vacant plot in front of the Priyanka Saloon. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged

Patna High Court CR. MISC. No.17532 of 2024(2) dt.18-03-2024 2/2 recovery is from a place which is accessible to public at large and does not belong to the petitioners and they came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that the police are taking advantage of the antecedent of the petitioners, possibly implicated them in the instant case.

5.

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

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Warisaliganj P.S. Case No. 115 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T