Ranjit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31170 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== RANJIT CHAUDHARY S/O CHANDO CHAUDHARY R/O VILLAGE MAHDEVA, P.S. HALSI RAMGARH CHOWK, DIST. LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinkar Kumar, Advocate For the Opposite Party/s :

Ms. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner has antecedent of three cases.

Allegation is of recovery of 30 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 came to be implicated because of the fact that the motorcycle belongs to the petitioner. It is next submitted that no prudent person would use his own vehicle for committing a

Patna High Court CR. MISC. No.31170 of 2023(2) dt.19-05-2023 2/2 crime and thus would create evidence against himself and hence would get implicated, when admittedly petitioner has antecedent. It is also submitted that the police falsely implicated the petitioner because of his antecedent. It is further submitted that petitioner was completely unaware that his cousin would misuse the vehicle in the manner as 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty 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 Halsi (Ramgarh Chowk) P.S. Case No. 03 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T