Govind Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19468 of 2020 Arising Out of PS. Case No.-196 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== GOVIND CHOUDHARY S/o Dashrath Choudhary Resident of VillageGarura Tola, P.S.- Karakat, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Kumar, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Karakat (Rohtas) P.S. Case no. 196 of 2019, registered under section 30(a) of the Bihar Prohibition & Excise Act, 2016. As per allegation in the FIR, on information having been received, a raid was conducted. While two accused persons are stated to have escaped, one of them along with 21 litres of IMFL was caught. It is further stated that the petitioner was identified by a local Choukidar as one of the two persons managed to escape.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.19468 of 2020(6) dt.02-02-2021 2/2 The allegations as levelled in the FIR with respect to the petitioner are false and concocted. He has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case especially the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Karakat (Rohtas) P.S. Case no. 196 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge Excise, Rohtas at Sasaram subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T