Patna High CourtCR. MISC./18417/2024bail granted

Himachal Chauhan @ Himanchal Chouhan v. The State Of Bihar

2024-03-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18417 of 2024 Arising Out of PS. Case No.-1899 Year-2023 Thana- NAWADA District- Nawada ====================================================== Himachal Chauhan @ Himanchal Chouhan S/o Bihari Chauhan R/o Vill - Laxmipur Beldari (Bhaduani), P.S. - Nawada Nagar, Dist. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2024

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

2. The petitioner apprehends his arrest in connection with Nagar (Town) P.S. Case No. 1899 of 2023, PTN 3354 of 2023, dated 13.12.2023 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 two cases.

4. Allegation is of recovery of 15 litres of liquor along with 2000 litres of Jawa Mahua solution from the west of Laxmipur Beldari Village.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged

Patna High Court CR. MISC. No.18417 of 2024(2) dt.20-03-2024 2/2 recovery is from a place which is accessible to public at large and does not belong to the petitioner and he came to be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value in the eye of law.

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.10,000/- (Rupees Ten 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 Nagar (Town) P.S. Case No. 1899 of 2023, PTN 3354 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T