Deepu Chaudhary @ Deepu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57649 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- CHAKAND District- Gaya ====================================================== DEEPU CHAUDHARY @ DEEPU KUMAR S/o UMESH CHAUDHARY R/o VILLAGE-SIMARIYA, P.S-CHAKAND, DISTRICT-GAYA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and the State through Video Conferencing.
Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.
Prosecution's case, in brief, is that 25 litres country made liquor was recovered from a bag thrown by the accused persons. Petitioner was identified by the local chowkidar as one who fled away from the place of recovery.
Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. He further submits that Section 76 (2) of the Bihar Prohibition and Excise Act does not
Patna High Court CR. MISC. No.57649 of 2021(2) dt.24-06-2022 2/2 prohibit the Petitioner from getting the privilege of Anticipatory Bail. Petitioner has got no criminal antecedent. Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II cum Special Judge, Excise Act Gaya in Chakand P.S. Case No. 52/2021 (Special Excise No. 519/2021) the subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashi/- U T