Pramod Chaudhary @ Gama @ Gama Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32529 of 2024 Arising Out of PS. Case No.-833 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Pramod Chaudhary @ Gama @ Gama Chaudhary Son of Dina Chaudhari Resident of Village - Gheghta, P.S. - Chapra Muffasil, Distt - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankur Prakash Sinha For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Chapra Muffasil P.S. Case No. 833 of 2023 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, there is alleged recovery of 60 litre country made liquor from the hut in question and apprehended co-accused, Dilip Kumar Chaudhary, disclosed the name of the petitioner who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears criminal antecedent of one case and orally submits that petitioner is on bail in the said case. He further submits that on account of having criminal antecedent petitioner has falsely

Patna High Court CR. MISC. No.32529 of 2024(2) dt.22-05-2024 2/2 been implicated in this case. He further submits that petitioner is not in any way connected with the alleged occurrence. Except disclosure of co-accused, Dilip Kumar Chaudhary, there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. The place of recovery does not belong the petitioner.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Excise Judge, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 833 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) vashudha/- U T