Buddha Chauhan @ Bhudh Chauhan @ Budhdev Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30615 of 2024 Arising Out of PS. Case No.-1899 Year-2023 Thana- NAWADA District- Nawada ====================================================== Buddha Chauhan @ Bhudh Chauhan @ Budhdev Chauhan Son of Late Bachchu Chauhan Resident of Village - Laxmipur Bhadauni, Beldari, P.S.- Nagar, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2024 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 15 litres of liquor along with 2000 litres of fermented jawa mahua from the west Laxmipur Beldari village. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large

Patna High Court CR. MISC. No.30615 of 2024(2) dt.20-04-2024 2/3 and does not belong to the petitioner. It is next submitted that he came to be implicated based on confessional statement of Chando Chauhan in police custody which does not have any evidentiary value, when admittedly petitioner is a person with clean antecedent.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

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. 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 Nagar (Nawada) P.S. Case No. 1899 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of even one case, in that event the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.30615 of 2024(2) dt.20-04-2024 3/3 effect to.

(Satyavrat Verma, J) SUMIT/- U T