Vishesar Chaudhary @ Visheshwar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49606 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- MANSURCHAK District- Begusarai ====================================================== Vishesar Chaudhary @ Visheshwar Chaudhary Son of Late Jamunj Chaudhary R/O Vill.- Kastali, P.S.- Mansoorchak, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== 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 offences punishable under Section 30(a) of the Bihar Excise Act and Sections 272 and 273 of IPC.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 45 litres of liquor from a husk hut of the petitioner. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a hut which does not belong to the petitioner rather the hut is constructed in public place, which amply demonstrates that police in a mechanical manner implicates. It is also submitted that a specific pleading has been taken at para-8 of the anticipatory bail application

Patna High Court CR. MISC. No.49606 of 2024(2) dt.24-07-2024 2/2 that the hut does not belong to the petitioner. 5.

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

6.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) 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 Mansoorchak P.S. Case No. 43 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 7.

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 the petitioner has antecedent of more than one case, in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T