Chhotan Choudhary @ Chhotan Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36849 of 2023 Arising Out of PS. Case No.-499 Year-2022 Thana- EKMA District- Saran ====================================================== Chhotan Choudhary @ Chhotan Kumar Choudhary S/O Swaminath Choudhary R/O Vill. Nautan Bazar, PS. Ekma, Dist. Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishwajeet Singh, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== 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 offences punishable under Sections 30(a) and 41(i)(ii) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 16 litres of liquor from a bag thrown by co-accused Sanjay Chaudhary and 14 litres liquor from a bag alleged to be belonging to the petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the bag does not belong to the petitioner and

Patna High Court CR. MISC. No.36849 of 2023(2) dt.22-06-2023 2/2 he came to be implicated in a mechanical manner based on the disclosure made by the nearby people as alleged in the FIR but then the FIR does not disclose the name of the person who disclosed the name of the petitioner, when admittedly the petitioner is a person with clean antecedent. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ekma P.S. Case No. 499 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T