Puna Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53722 of 2021 Arising Out of PS. Case No.-294 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== PUNA CHAUDHARY Son of Suresh Chaudhary Resident of Vilage- Balia, P.S.- Rajauli, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rajouli P.S. Case no. 294 of 2021 instituted for the offence under Sections 30(a) of the Bihar Prohibition of Excise Act. Prosecution case relates to recovery of 100 litres from two motorcycles bearing registration no. JH12C-3398 and JC02Y-2268.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this

Patna High Court CR. MISC. No.53722 of 2021(2) dt.11-04-2022 2/2 case by the apprehended co-accused, namely, Akhilesh Rajwanshi, which has no evidentiary value in the eye of law. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rajouli P.S. Case no. 294 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge Excise Act, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U