Dharo Chaudhary @ Dharmendra Kumar @ Dharmendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51145 of 2024 Arising Out of PS. Case No.-423 Year-2014 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Dharo Chaudhary @ Dharmendra Kumar @ Dharmendra Chaudhary, age 40 yrs., Male, S/O Ganauri Chaudhary, R/O Chakpar (Tungi),P.S.-Hisua, DisttNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-08-2024 Heard Mr. Dhirendra Prasad Sinha, learned counsel appearing on behalf of the petitioner and Mr. Shantanu Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with G.O. Case No.423 of 2014 registered for the offence(s) punishable under Section 47(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 35 litres of illicit liquor and 300 k.g. of Jawa Mahua were recovered from a plastic bottle near a river.

Patna High Court CR. MISC. No.51145 of 2024(2) dt.21-08-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that the alleged recovery of illicit liquor has been made from a public place, which is easily accessible by anyone. He submitted that petitioner has no concern with the alleged seized liquor and he is having clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Nawada in connection with G.O. Case No.423 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will

Patna High Court CR. MISC. No.51145 of 2024(2) dt.21-08-2024 3/3 automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T