Ram Awadhesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36493 of 2024 Arising Out of PS. Case No.-59 Year-2022 Thana- RAJPUR District- Rohtas ====================================================== Ram Awadhesh Chaudhary, Son Of Late Jokhan Choudhary Village- Dhawa, Ps- Baghaila, Dist- Rohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Subash Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2024

1. Heard learned counsel for the petitioner and 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 Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 30.99 litres of liquor from a motorcycle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and being owner of the motorcycle, he came to be implicated. It is further submitted that no prudent person would use his own vehicle for

Patna High Court CR. MISC. No.36493 of 2024(2) dt.21-06-2024 2/3 committing a crime and thus, would create evidence against himself and hence, would get implicated. It is next submitted that petitioner was completely aware that Gautam would misuse the vehicle in the manner as alleged, who was also apprehended from the spot along with Mithilesh Kumar.

5. Learned A.P.P. Sri Rabindra Kumar 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 ten weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2cum- Additional District & Sessions Judge, Rohtas at Sasaram in connection with Rajpur P. S. Case No.59 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. 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 even one case, in that

Patna High Court CR. MISC. No.36493 of 2024(2) dt.21-06-2024 3/3 event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T