Mantu Chauhan @ Mantu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49057 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- DEHRI TOWN District- Rohtas ====================================================== Mantu Chauhan @ Mantu Chaudhary Son of Sri Dharmendra Choudhari @ Bhola Choudhari R/O Vill.- Tar Bangala Ward no.-38, Dehri, P.S.- Dehri, Dist.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Singh For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024

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

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 11.35 litres of liquor from the courtyard of the petitioner after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is also submitted that the house in question is a joint family property as such it cannot be alleged with certainty that it was petitioner, who had kept the liquor in

Patna High Court CR. MISC. No.49057 of 2024(2) dt.24-07-2024 2/3 the house or the liquor kept in the house was within his knowledge and he came to be implicated at the instance of local people but the name of the person who disclosed the name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of prosecution, when petitioner admittedly is a person with clean antecedent.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, 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.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dehri (Town) P.S. Case No.229/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that

Patna High Court CR. MISC. No.49057 of 2024(2) dt.24-07-2024 3/3 event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T