Suvan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39916 of 2020 Arising Out of PS. Case No.-307 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== SUVAN CHAUDHARY S/o Ashok Chaudhary R/o Village/Mohalla- Gur Ki Mandi, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Special Case No. 3682 of 2020 arising out of Alamganj P.S. Case no. 307 of 2020 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, recovery of 40 litres of country made toddy has been made from the joint house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.39916 of 2020(5) dt.29-11-2021 2/2 offence. He has got no criminal antecedent. Petitioner is living separately from his father, which appears from para-3 of the supplementary affidavit, filed on behalf of the petitioner. He has no concern with the alleged recovery. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession.

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 Alamganj P.S. Case no. 307 of 2020, 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 Special Judge (Excise), Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U