Mukesh Kumar Choudhari @ Chunnu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44253 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Mukesh Kumar Choudhari @ Chunnu Chaudhary S/O- Amresh Choudhary R/O Vill.- Nima Chakhaidar, P.S.- Chakmehsi, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Kalyanpur P.S. Case No. 14 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3.

Prosecution case as emanated from the FIR is that there is recovery of 440.640 litres liquor from mango grove. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Name of the petitioner has transpired by the local people. It is next submitted that during the time of occurrence, present was

Patna High Court CR. MISC. No.44253 of 2024(2) dt.03-07-2024 2/2 not there. It is next submitted that petitioner bears two criminal antecedents. Co-accused has been granted regular bail by this Court vide orders dated 07-05-2024 & 15-05-2024, passed in Cr. Misc. No. 34505 of 2024 & Cr. Misc. No. 37599 of 2024, respectively.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let 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.10,000/- (Rupees Ten 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 Kalyanpur P.S. Case No. 14 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T