Patna High CourtCR. MISC./17416/2023bail granted

Pramod Choudhary v. The State Of Bihar

2023-05-10Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17416 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== PRAMOD CHOUDHARY S/O- LALLU CHOUDHARY @ LALAK CHAUDHARI Village- Kapsiya Ps- Muffasil Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 22 liters of liquor from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the house of the petitioner is a joint family property, as such it cannot be alleged with certainty that it was the petitioner who had kept the liquor in the house nor it can be alleged that

Patna High Court CR. MISC. No.17416 of 2023(2) dt.10-05-2023 2/2 the liquor kept in the house was within the knowledge of the petitioner. It is next submitted that petitioner came to be implicated because of his antecedent.

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 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) 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 Muffasil P.S. Case No. 33 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T