Jitendra Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30360 of 2022 Arising Out of PS. Case No.-278 Year-2017 Thana- SOHSARAI District- Nalanda ====================================================== JITENDRA KUMAR CHAUDHARY SON OF LATE LALUU CHAUDHARY R/O- SHINGAR HAAT, P.S.- SOHSARAI, DISTRICTNALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kautilya Kumar Prasad For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sohsarai P.S. Case no. 278 of 2017 instituted for the offence under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 10 litres from a black colour pulsar motorcycle which belongs to the petitioner and co-accused was arrested on spot, who is full brother of this petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.30360 of 2022(2) dt.16-09-2022 2/2 offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. His vehicle was being driven by his full brother, who was arrested on spot with liquor. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sohsarai P.S. Case no. 278 of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge IV-cum-Special Judge II, Excise Court, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U