Patna High CourtCR. MISC./20386/2025bail granted

Ananut Chaudhary @ Anant Chaudhary v. The State Of Bihar

2025-04-23Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20386 of 2025 Arising Out of PS. Case No.-164 Year-2025 Thana- SONEPUR District- Saran ====================================================== Ananut Chaudhary @ Anant Chaudhary S/O Late Raghubir Chaudhary R/O Village- Bakarpur, P.S- Sonpur, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Sonpur P.S. Case No. 164 of 2025, dated 24.02.2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation, there is recovery of 120 litre of illicit liquor from the backyard of one house near petrol pump and as per the confessional statement of co-accused, viz., Samir Kumar, he along with others, including the petitioner has concealed the contraband at the place of recovery.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has nothing to do

Patna High Court CR. MISC. No.20386 of 2025(2) dt.23-04-2025 2/3 with the alleged offence. He further submits that the recovery has been made from an open space which is accessible to the public at large and no recovery has been made, either from possession of the petitioner or from his house.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Sonpur P.S. Case No. 164 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

Patna High Court CR. MISC. No.20386 of 2025(2) dt.23-04-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T