Chandan Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36588 of 2023 Arising Out of PS. Case No.-372 Year-2022 Thana- NAVINAGAR District- Aurangabad ====================================================== CHANDAN CHOUHAN SON OF RAM AKBAL CHAUHAN @ RAM IKABAL CHAUHAN RESIDENT OF VILLAGE- MAHUARI BANDH PAR, PS- NABINAGAR, DISTT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Chandna, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases but inadvertently at paragraph 3 it has been recorded that petitioner has antecedent of one case only and allegation is of recovery of 25 liters of liquor from a bamboo hut situated in a bamboo plantation at village Mahuari.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.36588 of 2023(2) dt.22-06-2023 2/2 was recovered from his conscious possession, it is next submitted that even the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated at the behest of the local villager but then the FIR does not disclose the name of the villager who disclosed the name of the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nabinagar P.S. Case No. 372 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T