Mohan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26406 of 2023 Arising Out of PS. Case No.-481 Year-2022 Thana- BAGHA District- West Champaran ====================================================== MOHAN CHAUDHARY SON OF KAMAL DEV CHAUDHARY RESIDENT OF VILLAGE- MATIHANI, PS- MATIHANI, DISTTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 163.98 liters of liquor from a Swift Dzire Car. 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 the petitioner came to be implicated as he is owner of the Dzire Car, it is next submitted that no prudent person would use his own vehicle for

Patna High Court CR. MISC. No.26406 of 2023(2) dt.16-05-2023 2/2 committing a crime and thus would get implicated easily. It is further submitted that the petitioner was completely unaware that the driver of the vehicle would misuse the vehicle in the manner alleged.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty 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 Bagaha P.S. Case No. 481 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T