Deepak Chaudhary @ Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37938 of 2024 Arising Out of PS. Case No.-640 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Deepak Chaudhary @ Deepak Kumar Son Of Vijay Chaudhary @ Vijay Singh Resident Of Village - Wajirganj, Police Station - Sasaram (M), District - Rohtas.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Sasaram (M) P.S. Case No. 640 of 2018 registered for the offences punishable under Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016. He has two criminal antecedents as stated in paragraph '3' of the application wherein he is on bail.
3. The allegation against the petitioner is involved in illegal trade/manufacturing of illicit liquor where there is recovery of 240 liters of spirit and 137.28 liters of country made foreign liquor.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.37938 of 2024(2) dt.28-06-2024 2/3 petitioner submitted that name of this petitioner appears in this case on the basis of unknown police spy, where aforesaid illicit liquor and spirit appears to be recovered from the agricultural field of one Somaru Choudhary @ Bhagwat Singh, which is an open place and accessible to general public. It is pointed out that petitioner is involved in two more cases but of different nature, where he is on bail.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions that the implication of petitioner appears prima-facie out of suspicion as his name appears with the present case on the basis of secret information given by unknown police spy, where no incriminating material appears recovered from conscious physical possession of the petitioner as the recovery is admittedly from open place, accordingly, abovenamed petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to
Patna High Court CR. MISC. No.37938 of 2024(2) dt.28-06-2024 3/3 the satisfaction of learned Exclusive Special Excise Court No. 2-cum- Additional District and Sessions Judge, Rohtas at Sasaram, in connection with Sasaram (M) P.S. Case No. 640 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) Rajeev/- U T