Patna High CourtCR. MISC./37859/2024bail granted

Virendra Chaudhary v. The State Of Bihar

2024-06-26Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37859 of 2024 Arising Out of PS. Case No.-302 Year-2013 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Virendra Chaudhary SON OF Rajo Chaudhary RESIDENT OF VILLAGEPARORIYA, P.S.- SIRDALA, DISTRICT- NAWADA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2024 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 47(a) of Bihar Prohibition and Excise Act, 2016 in connection with G.O. Case No.302 of 2013.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 40 liters of liquor along with 800 Kg. of fermented Jawa Mahua from a place near bank of river Paroriya.

Patna High Court CR. MISC. No.37859 of 2024(2) dt.26-06-2024 2/3

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 recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated based on secret information which is the easiest way to implicate someone.

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 Judge-II, Nawada in connection with G.O. Case No.302 of 2013, 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

Patna High Court CR. MISC. No.37859 of 2024(2) dt.26-06-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T