Munna Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27629 of 2020 Arising Out of PS. Case No.-239 Year-2020 Thana- ARA NAWADA District- Bhojpur ====================================================== MUNNA CHOUDHARY S/o Basant Chaudhary Resident of Village-Maula Bag, Police Station-Ara Nawada, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Ara Nawada P.S.Case No.239 of 2020, Excise Case No.505 of 2020 for the offence under Section 30 (A) of Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. In the instant case, there is recovery of 30 liters of country-made liquor. He further submits that nothing was recovered from the possession of the petitioner. His name surfaced on the basis of suspicion and the recovery was made from the open place.

Considering the fact that the recovery was made from the open place and the petitioner has no criminal

Patna High Court CR. MISC. No.27629 of 2020(2) dt.25-11-2020 2/2 antecedent, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner named above, be released on bail in the event of arrest or surrender before the court below within a period of one month from the date of communication of a copy of this order, on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned IVth Additional Sessions Judge-cumSpecial Judge Excise Bhojpur at Ara in connection with Ara Nawada Police Case No.239 of 2020, Excise Case No.505 of 2020, District-Bhojpur, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) B.Kr./- U T