Awadhesh Chaudhary @ Nanhak Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49642 of 2024 Arising Out of PS. Case No.-238 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Awadhesh Chaudhary @ Nanhak Chaudhary Son of Shyambihari Chaudhari Resident of Vill- Makrain, P.S.- Dalmiyanagar, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

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

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a), 30(c) of the Bihar Prohibition and Excise Act 2018 in connection with Barun P.S. Case No.238 of 2024.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 65 liters of liquor along with 3300 Kg of Jaggery solution from a Mahindra Tractor parked near the bank of Sone river and six persons were apprehended along with Aakash.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.49642 of 2024(2) dt.24-07-2024 2/3 from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized tractor and he came to be implicated based on confessional statement of apprehended accused, Aakash in police custody which does not have any evidentiary value.

5. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge of Excise-I, Aurangabad in connection with Barun P.S. Case No.238 of 2024, subject to the conditions 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 antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.49642 of 2024(2) dt.24-07-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T