Dharmendra Chaudhary @ Shiva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32708 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== 1.

Dharmendra Chaudhary @ Shiva Kumar S/O Rambali Chaudhary R/O Village- Kaldaspur, P.S.- Chandauti, District- Gaya 2.

Baiju Kumar S/o Ajay Chaudhary R/o village- Kaldaspur, P.S.- Chandauti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 2 namely Baiju Kumar since he has been arrested.

Patna High Court CR. MISC. No.32708 of 2022(2) dt.12-08-2022 2/3 Permission is accorded.

Accordingly, the petition with regard to petitioner No. 2 is permitted to be withdrawn. There is recovery of 34.5 litres of Indian made foreign liquor.

It is submitted by learned counsel for the petitioner No. 1 that he was not apprehended from the spot. Nothing has been recovered from his conscious possession. The recovery has been made from a lonely place. A statement has been made in para 3 of the petition that petitioner No.1 has no criminal antecedent. In the facts and circumstance of the case, let the petitioner No. 1, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Gaya in connection with Chandauti

Patna High Court CR. MISC. No.32708 of 2022(2) dt.12-08-2022 3/3 P.S. Case No. 100 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T