Gaurav Kumar @ Abhishek Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16626 of 2022 Arising Out of PS. Case No.-322 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== Gaurav Kumar @ Abhishek Chauhan Son Of Dhiru Singh @ Dhirendra Singh R/O Village- Mahindwara, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 413 and 272/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

It is a case of recovery of country made liquor along with one motor cycle bearing Reg. No. BR31AP-2668 from the Bushkar of Hare Ram Chaudhary and Bhuskar of Vikash Chaudhary.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no incriminating article has been recovered from the conscious or constructive possession of the petitioner

Patna High Court CR. MISC. No.16626 of 2022(2) dt.12-08-2022 2/2 and he has no concern with the seized motorcycle or liquor and the name of the petitioner has transpired at the instance of local Chaukidar. Petitioner has got clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.II-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 322 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T