Thetha Chaudhary @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41532 of 2022 Arising Out of PS. Case No.-296 Year-2022 Thana- MALSALAMI District- Patna ====================================================== 1.

THETHA CHAUDHARY @ CHHOTU KUMAR Son of Umesh Choudhary R/O - Damrahi Ghat, P.S. - Malsalami, Distt. - Patna 2.

Gay-Gay Kumar @ Raushan Kumar Son of Premchandra Vishwakarma @ Prem Sharma R/O - Damrahi Ghat, P.S. - Malsalami, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2022 Vide order dated 24.08.2022, the petition of petitioner no.2 has already been dismissed as withdrawn. Heard learned counsel for the petitioner no.1 and learned APP for the State.

The petitioner no.1 is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) and 36 of Bihar Prohibition and Excise Act.

It is a case of recovery of country made Mahua liquor from a motorcycle.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner has no concern with the seized

Patna High Court CR. MISC. No.41532 of 2022(3) dt.31-08-2022 2/2 liquor or seized motorcycle and on the basis of neighbours, the name of the petitioner came into light. Petitioner has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, namely, Thetha Chaudhary @ Chhotu Kumar in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City, District- Patna in connection with Malsalami P.S. Case No. 296 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T