Bhola Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17723 of 2023 Arising Out of PS. Case No.-410 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== BHOLA CHAUDHARY S/O LATE VIR BAHADUR CHAUDHARY Resident of Village- Rani Chhapra, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, 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 Sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 15 liters of liquor from a place behind the shop of the petitioner.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the alleged recovery is from a place which is behind the shop of the petitioner and does not belong to him
Patna High Court CR. MISC. No.17723 of 2023(2) dt.10-05-2023 2/2 and he came to be implicated based on disclosure made by Chhotelal Ram and Timal Yadav with whom he is on an inimical term, when admittedly petitioner is a person with clean 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Harsidhi P.S. Case No. 410 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Adnan/- U T