Chandra Shekhar Nonia @ Chandra Shekhar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27139 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- KOCHAS District- Rohtas ====================================================== Chandra Shekhar Nonia @ Chandra Shekhar Kumar SON OF Chandrika Chouhan Resident of Village -Kochas, Ward No 14 P.S.- Kochas, District -Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Kant For the Opposite Party/s :
Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-04-2024
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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 5.940 litres of liquor from a motorcycle parked in front of the house of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on suspicion by the chowkidar for the reason that alleged recovery
Patna High Court CR. MISC. No.27139 of 2024(2) dt.09-04-2024 2/3 was made from a motorcycle, which is parked adjacent to his house. It is next submitted that it appears that the chowkidar in order to save the real culprits falsely implicated the petitioner when petitioner admittedly is a person with clean antecedent. It is next submitted that it absolutely does not stand to reason that if the chowkidar was aware of the involvement of the petitioner in the occurrence then why he has not informed the police prior to institution of the instant F.I.R., which casts an aspersion on the case of the prosecution.
4. Learned A.P.P. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Kochas P.S. Case No.50/2024, 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
Patna High Court CR. MISC. No.27139 of 2024(2) dt.09-04-2024 3/3 accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) amit/- U T