Vijay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46243 of 2022 Arising Out of PS. Case No.-195 Year-2022 Thana- GOH District- Aurangabad ====================================================== VIJAY CHOUDHARY S/O LATE LAKHAN CHOUDHARY R/o VillageDeohara, P.S.- Goh, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 30(g) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 5 liters of liquor from a gallon from Soeya Ghat of Punpun river along with 500 liters of Jawa Mahua which was destroyed at the spot.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even alleged recovery is from a place which is

Patna High Court CR. MISC. No.46243 of 2022(2) dt.04-11-2022 2/2 accessible to public at large and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term, it is also submitted that it appears that Chowkidar in order to save the real culprit falsely implicated the petitioner who is a person with clean antecedent.

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

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. 1,000/- (Rupees One Thousand) each 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 Goh P.S. Case No. 195 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T