Chandradeo Pandey @ Chandradeo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27627 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- DARAUNDA District- Siwan ====================================================== CHANDRADEO PANDEY @ CHANDRADEO Son of Late Meghu Pandey Resident of village - Mahual Mahal, ward no. 16, P.O. - Mahual Mahal, P.S. - M.H. Nagar (Hasanpura), Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 900 ml liter liquor from the house of Mahubal Mahal Mainuddin and 10 liters from house of Chandradeo Pandey.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next

Patna High Court CR. MISC. No.27627 of 2023(2) dt.17-05-2023 2/2 submitted the house is the joint family property as such, it cannot be alleged with certainty that it was Chandradeo Pandey who had kept liquor in the house or the kept liquor in the house was within his knowledge when admittedly petitioner is a person with clean antecedent.

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. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Daraunda (M.H. Nagar) P.S. Case No. 39 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T