Anil Chaudhari @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20471 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== ANIL CHAUDHARI @ ANIL KUMAR Son of Ramayan Chaudhari Resident of Village- Paitalishwa, P.S.- Jamo, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey For the Opposite Party/s :

Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-04-2019 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Barauli P.S. Case No. 29 of 2019 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that the informant being, a police officer received a secret informant that the petitioner along with co-accused Umesh Sah, Bhuar Singh, Mentu Kumar and Ranjeet Kumar is dealing with the liquor, a raid was laid and near the Neuri Breeze and 604.420 illicit India made foreign liquor were recovered.

It is submitted by the learned counsel for the petitioner that petitioner was not apprehended from the spot. A

Patna High Court CR. MISC. No.20471 of 2019(2) dt.03-04-2019 2/2 statement has been made in paragraph-3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that petitioner is named in the FIR and was found indulged in illicit business of liquor and he was named by the local people.

Considering the fact that no recovery has been made from the conscious physical possession of the petitioner, the petitioner was not arrested from the spot and statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd cum-Special Judge, Excise, Gopalganj in connection with Barauli P.S. Case No. 29 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) sushma/- U T