Golu Chauhan @ Ajay Chauhan @ Ajay Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38664 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== GOLU CHAUHAN @ AJAY CHAUHAN @ AJAY KUMAR PRASAD, Son of Manoj Chauhan @ Manoj Kumar Prasad, Resident of Village- Thepahan Uttar Tola, P.O.- Thepaha Bazar, P.s. - Ziradei, Distt. - Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Shahi, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-07-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Siwan Muffasil P.S. Case no. 106 of 2023, registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on search being conducted 58.500 litres of IMFL was recovered from a vehicle and two accused persons namely, Ganesh Kumar and Mithlesh Kumar were arrested. The informant further states in the F.I.R that he received secret information from spies to the effect that the liquor belonged to Golu Chauhan (petitioner herein) and one Vishal Sharma.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.38664 of 2023(2) dt.31-07-2023 2/3 from the F.I.R itself it would transpire that neither the petitioner was not arrested at the spot nor any incriminating article has been recovered from his possession. His name was not even taken by the F.I.R named accused who were caught at the place of occurrence but the informant claims that the name of the petitioner was taken by some spy without disclosing as who took the petitioner's name. The petitioner has no criminal antecedent and undertakes to cooperate in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., no incriminating article having been recovered from the petitioner's possession, the name of the petitioner having transpired on the information provided to the informant by some spy together with the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Siwan Muffasil P.S. Case no. 106 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Siwan, subject

Patna High Court CR. MISC. No.38664 of 2023(2) dt.31-07-2023 3/3 to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Partha Sarthy, J) avinash/- U T