Munshi Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27206 of 2025 Arising Out of PS. Case No.-464 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Munshi Chaudhary Son of Late Yamuna Chaudhary Resident of Village - Kohra, Police Station - Makhdumpur (Tehta O.P.), District - Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Adv.
For the Opposite Party/s :
Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Makhdumpur (Tehta O.P) P.S. Case No. 464 of 2023 for the offence registered under sections 30(a) of Bihar Prohibition & Excise Act lodged on 23.06.2023 by the informant, Nawal Kishore Singh.
3. As per the prosecution story, the informant alleged that upon secret information, the house of the petitioner was searched and there is recovery/seizure of 6 litre Mahua. This led to the FIR.
4. Learned Counsel for the petitioner submits that only because of criminal antecedent, the Police is implicating him every now and then. He shall be diligently appearing in trial
Patna High Court CR. MISC. No.27206 of 2025(2) dt.06-05-2025 2/3 and if involved in any other case, this bail bond be canceled, if granted relief.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the petitioner has criminal antecedent.
6. Considering the submissions of the parties as also the fact that the FIR has been lodged, he shall be facing the trial, an undertaking has been given that he shall not be involved in any further criminal activity, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Exicse Judge-1st, Jehanabad in connection with Makhdumpur (Tehta O.P) P.S. Case No. 464 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.27206 of 2025(2) dt.06-05-2025 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T