Gora Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32134 of 2022 Arising Out of PS. Case No.-705 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== Gora Chaudhary Son Of Sri Shera Chaudhary Resident Of Village - Shivratanpur, P.S.- Dobhi, District - Gaya.

... ... Petitioner/S

Versus

The State Of Bihar Patna High Court ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 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 Sherghati (Dobhi) P.S. Case no. 705 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 3 liters illicit country made liquor from a house which belongs to the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit country made liquor.

Patna High Court CR. MISC. No.32134 of 2022(3) dt.09-12-2022 2/2 It is further submitted that the petitioner did not involve in the business of carrying illegal liquor and neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that the recovery of illicit liquor has been made from the house of petitioner.

Having heard learned counsel for the parties and considering the fact that the recovery of liquor is meagre in quantity, 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 Sherghati (Dobhi) P.S. Case no. 705 of 2021, 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 Exclusive Special Excise Court No.2, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T