Rajesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27326 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- KONCH District- Gaya ====================================================== RAJESH CHAUDHARY son of Chalitar Chaudhary Village- Bagdiha PsGuraru Dist- 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 :
Mr. Mritunjay Kumar Nirala, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of five litres of liquor from a motorcycle.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner being the owner of the motorcycle came to be implicated. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus would get
Patna High Court CR. MISC. No.27326 of 2023(2) dt.17-05-2023 2/2 implicated himself easily by creating evidence against him. It is also submitted that petitioner had given his motorcycle to a friend and thus was not aware that the vehicle would be misused in the manner as alleged in the FIR.
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, 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 Konch P.S. Case No. 34 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T