Lakhan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19978 of 2020 Arising Out of PS. Case No.-233 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== LAKHAN CHAUDHARY, son of Amrit Chaudhary, Resident of VillageGovindpur Dih, P.S.-Govindpur, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-07-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner apprehends his arrest in connection with Govindpur Police Station Case No. 233 of 2019, registered for the offences punishable under Sections 30 (a)/37 (c) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

The allegation against the petitioner is that the police recovered a total quantity of 4 litres of illicit liquor from the land of the petitioner having a boundary wall and a gate. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.19978 of 2020(2) dt.20-07-2020 2/3 and the alleged illicit liquor has been recovered from the vacant land of the petitioner, which is an open space and is accessible to all and sundry. He, thus, submits that upon perusal of the First Information Report and the seizure list, it appears that the illicit liquor has not been recovered from the conscious possession of the petitioner and, accordingly, no prima facie case is made out under the provisions of the Act.

After having heard learned Counsel for the parties and taking into consideration the facts that the illicit liquor has been recovered from the vacant land of the petitioner, which may be accessible to everybody, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within eight weeks from today, 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 learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Nawada, in connection with Govindpur Police Station Case No. 233 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.19978 of 2020(2) dt.20-07-2020 3/3 It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √