Guddu Chaudhary @ Guddu Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17921 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- DARAUNDA District- Siwan ====================================================== Guddu Chaudhary @ Guddu Pasi S/O Ishwar Chaudhary, Resident of VillageBagaura Pasi Tola, P.S.- Daraunda, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Nand 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 is a person with clean antecedent and allegation is of recovery of 10 litres of liquor from a sack from a field. 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 further submitted that the alleged 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 the disclosure made by

Patna High Court CR. MISC. No.17921 of 2023(2) dt.10-05-2023 2/2 local villagers but then the FIR does not disclose the name of any of the villagers which creates doubt with regard to the veracity of the allegations as alleged in the FIR. 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 Court below 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 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Daraunda P.S. Case No. 184 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi-II U T