Dharo Chaudhary @ Dhamendra Chaudhary @ Dharmendra Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27947 of 2024 Arising Out of PS. Case No.-368 Year-2014 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Dharo Chaudhary @ Dhamendra Chaudhary @ Dharmendra Chaudhari S/O Ganauri Choudhary Resident Of Village- Chakpar Tungi, P.S- Hisua, DistrictNawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 47(a)(f) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 90 litres of liquor along with 400 kg of fermented jawa mahua from a place near the bank of river.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and

Patna High Court CR. MISC. No.27947 of 2024(2) dt.15-04-2024 2/2 does not belong to the petitioner and he came to be implicated based on secret information which is the easiest way to implicate someone 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

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 furnishing bail bonds of Rs. 5,000/- (Rupees Five 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 G.O Case No. 368 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than one case, in that event the present anticipatory bail order shall not be given effect. (Satyavrat Verma, J) SUMIT/- U T