Ram Vijay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46426 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- UPHARA District- Aurangabad ====================================================== 1.

RAM VIJAY CHAUDHARY S/O BHAJAN CHAUDHARI R/O VILLAGE- UPAHRA, P.S- UPHARA, DISTT.- AURANGABAD. 2.

VIHARI CHAUDHARI S/O VASANT CHAUDHARI R/O VILLAGEUPAHRA, P.S- UPHARA, DISTT.- AURANGABAD. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioners submits that petitioner no. 1 is a person with clean antecedent and petitioner no. 2 has antecedent of one case.

4. Allegation is of recovery of 6 litres of liquor from an open place.

5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners and

Patna High Court CR. MISC. No.46426 of 2024(2) dt.03-07-2024 2/2 is accessible to public at large and they came to be implicated at the instance of the Chawkidar with whom petitioners are on an inimical term.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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.5,000/- (Rupees Five Thousand) each 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 Uphara P.S. Case No. 45 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court, before accepting the bail bonds of the petitioners, shall verify the criminal antecedent of the petitioners and if it is found that petitioner no. 1 has antecedent of even one case and petitioner no. 2 has antecedent of more than one case in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Kundan/- U T