Chandrama Choudhary @ Chandrama Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28086 of 2021 Arising Out of PS. Case No.-26 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== CHANDRAMA CHOUDHARY @ CHANDRAMA YADAV Son of Hiralal Yadav Resident of Village- Barahani Ke Tola, P.S.- Siwan Muffasil, DistrictSiwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bharat Bhushan, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016. Informant is a police officer, who has alleged in his written complaint that on receiving specific information that illicit liquor is being kept in cultivable land of Nagendra Yadav, he reached said place and found that from one pick up van illicit liquors were being unloaded and two motorcycles were also parked there and on seeing the police, three persons assembled there tried to flee away, however, one was apprehended, who disclosed his name as Rajkumar Yadav who further disclosed

Patna High Court CR. MISC. No.28086 of 2021(3) dt.21-10-2021 2/3 the name of two other accused who managed to flee away, as Nagendra Choudhary and Chandrma Choudhary (petitioner) and thereafter from pick up van, huge quantity of illicit liquor and two motorcycles were seized by the police giving rise to Siwan Muffasil P.S. Case No. 26 of 2021.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that the alleged motorcycle which was seized does not belong to petitioner and same belongs to Abhijit Kumar who is registered owner of the vehicle and confiscation proceeding has been initiated against him, as such no case under Excise Act is made out against him, as he was neither arrested from the place of occurrence nor anything has been recovered from his conscious possession or house or vehicle. Similarly placed co-accused, namely, Nagendra Choudhary @ Nagendra Yadav with similar allegation has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 25.08.2021 passed in Cr. Misc. No. 31824 of 2021. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below

Patna High Court CR. MISC. No.28086 of 2021(3) dt.21-10-2021 3/3 within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge 2nd cum Special Judge, Siwan, in connection with Siwan Muffasil P.S. Case No. 26 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) Rajiv/veenaU T