Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20100 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.

RAJESH CHAUDHARY son of Late Jathu Chaudhary @ Late Jatu Chaudhary @ Late Jattu Chaudhary Village- Pachanwa Ps- Magadh University Dist- Gaya 2.

Ravindra Chaudhary son of Late Jathu Chaudhary @ Late Jatu Chaudhary @ Late Jattu Chaudhary Village- Pachanwa Ps- Magadh University DistGaya 3.

Ajesh Chaudhary son of Late Jathu Chaudhary @ Late Jatu Chaudhary @ Late Jattu Chaudhary Village- Pachanwa Ps- Magadh University Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Gulnar Begum, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 At the outset, learned counsel for the petitioner no 1 seeks permission to withdraw the pre-arrest bail petition. This bail petition of petitioner no 1 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos 2, 3 and the State.

Petitioners no 2 and 3 apprehend arrest in a case registered for the offence punishable under Section 30 (a) (d) of

Patna High Court CR. MISC. No.20100 of 2023(2) dt.15-05-2023 2/3 the Bihar Prohibition and Excise (Amendment) Act -2018. Prosecution case is that total 1000liters Jawa Mahua was recovered from beside the wall of the house of petitioner no 1 Rajesh Chaudhary.

Learned counsel appearing for the petitioners no 2 , 3 submits that no incriminating material has been recovered from their conscious possession. Petitioner no 3 claims clean antecedent, whereas petitioner no 2 has got one criminal antecedent of similar nature.

Learned counsel for the State opposes the bail petition and submits that petitioner no 2 has got one criminal antecedent of similar nature.

Considering the fact that petitioner no 2 has got one criminal antecedent of similar nature, prayer for anticipatory bail of petitioner no 2 is rejected.

However, in the event of arrest/surrender within six weeks from today, let the petitioner no 3, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Addl. Sessions Judge-Cum-Excl.Spl. Excise Court No 1, Gaya in connection with Magadh University Police Station Case No 23 of 2023, subject to the

Patna High Court CR. MISC. No.20100 of 2023(2) dt.15-05-2023 3/3 conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T