Jalandhar Chaudhary @ Jalandhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43629 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== Jalandhar Chaudhary @ Jalandhar Kumar Son of Chhotelal Chaudhary Village- Khanda, P.S.- Sasaram, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Excise Case No.110/2024 arising out of Excise P.S., FIR No.45/2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, there is alleged recovery of 60 liters illicit country made Chulai liquor near Kaw River. Apprehended co-accused Dhanjee Chaudhary disclosed the name of petitioner and others who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.43629 of 2024(2) dt.20-07-2024 2/3 in the FIR and he has falsely been implicated in this case. Except confessional statement of co-accused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He further submits that seized liquor was recovered from the open place and the same was accessible to all. Petitioner bears no criminal antecedent. Nothing has been recovered from the conscious possession or house of the petitioner. In the light of the aforesaid submission, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with

Patna High Court CR. MISC. No.43629 of 2024(2) dt.20-07-2024 3/3 Excise Case No.110/2024 arising out of Excise P.S., FIR No.45/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) amitkumar/- U T