Patna High CourtCR. MISC./22304/2022bail granted

Kanahiya Chaudhary @ Rupesh Kumar v. The State Of Bihar

2022-08-05Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22304 of 2022 Arising Out of PS. Case No.-168 Year-2021 Thana- PASRAHA District- Khagaria ====================================================== KANAHIYA CHAUDHARY @ RUPESH KUMAR S/O LATE UMESH CHAUDHARY R/o village- Ganoul, P.S.- Bihpur, (Bhawanipur O.P.), District- Bhagalpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(b) (c) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 45 liters of semi-prepared java from the orchard of one Vivekanand Singh.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the recovery is from a place which does not

Patna High Court CR. MISC. No.22304 of 2022(2) dt.05-08-2022 2/2 belong to the petitioner and he came to be implicated by the chowkidar in order to save the real culprits. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a person with clean antecedent, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Pasraha P.S. Case No. 168 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) shivam/- U T