Bhonu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34660 of 2024 Arising Out of PS. Case No.-304 Year-2023 Thana- KOCHAS District- Rohtas ====================================================== Bhonu Chauhan Son of Parsuram Chauhan @ Prashuram Chaudhari Resident of Mohalla- Kochas, Ward No.05, P.S.- Kochas, Dist.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 in connection with Kochas P.S. Case No.304 of 2023.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 3.6 liters of liquor from a sack allegedly thrown by the petitioner.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged sack does not belong to the petitioner and he came to be implicated in the instant case at the instance of 'Chowkidar' with whom he is on inimical term.

Patna High Court CR. MISC. No.34660 of 2024(2) dt.16-05-2024 2/2

5. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2cum-Additional District and Sessions Judge, Rohtas at Sasaram in connection with Kochas P.S. Case No.304 of 2023, subject to the conditions 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 antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T