Ganesh Chauhan @ Ganesh Prasad Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 24551 of 2024 Arising Out of PS. Case No.-396 Year-2020 Thana- ATRI District- Gaya ====================================================== Ganesh Chauhan @ Ganesh Prasad Chauhan Son of Ram Babu Chauhan Resident of Village- Chaothi Beldari, P.S.- Atri, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Shivendra Prasad, Advocate For the Opposite Party/s :
Ms Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR JUSTICE SATYAVRAT VERMA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and the learned APP for the State.
2 The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of the IPC and Sections 30 (a) (d) of the Bihar Excise Act. 3 Learned counsel for the petitioner submits that the petitioner has two antecedents and allegation is of recovery of 15 liters of country made liquor from east of village Chauthi Beldari. It is next submitted that the petitioner was not arrested from the spot and, as such nothing was recovered from his conscious possession and the recovery has been made from a place which is accessible to public at large and the petitioner came to be implicated at the instance of the Chowkidar with
Patna High Court CR. MISC. No.24551 of 2024(2) dt.03-04-2024 2/3 whom he is on inimical terms. It is also submitted that in majority of the cases, the police, in a mechanical manner, is implicating the innocent persons at the instance of Chowkidar or local people but then it absolutely does not stand to reason that if Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which further casts aspersion on the case of the prosecution.
4 Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.
5 Considering the submissions made by the learned counsel for the petitioner, the petitioner above named, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from today, be released on anticipatory bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial Court where the case is pending/successor court in connection with Atri PS Case No 396 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr P C.
6 It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the
Patna High Court CR. MISC. No.24551 of 2024(2) dt.03-04-2024 3/3 criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given effect.
(Satyavrat Verma, J) M.E.H./- U T