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Patna High CourtCR. MISC./52979/2024allowed

Jitendra Chaudhary @ Vijay Chaudhary v. The State Of Bihar

2024-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52979 of 2024 Arising Out of PS. Case No.-570 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Jitendra Chaudhary @ Vijay Chaudhary son of Mahavir Chaudhary VillagePipra Ps- Cherki Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2024 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 u/s 30 (a) of Bihar Prohibition and Excise Act, 2016.

3. Recovery is of 7 litres of illicit liquor from the gallon which was thrown by the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in

Patna High Court CR. MISC. No.52979 of 2024(2) dt.31-08-2024 2/2 the case on suspicion. Petitioner has no criminal antecedent.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Excise P.S. Case No. 570 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Guddu/- U T