Satyendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53108 of 2022 Arising Out of PS. Case No.-123 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== SATYENDRA CHAUDHARY Son of Late Ramdhani Chaudhary R/o village - Bishrampur, P.S.- Mufassil, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Aurangabad (Excise) P.S. Case no. 123 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 25.56 litres country made liquor from an auto and driver managed to escape. Petitioner is the registered owner of the said auto. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no

Patna High Court CR. MISC. No.53108 of 2022(2) dt.16-11-2022 2/3 concern with the alleged recovery. He has been falsely implicated in this case only because of he is owner of the said vehicle. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 10,000/- (Rs. Ten thousand) in the concerned DLSA.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Aurangabad (Excise) P.S. Case no. 123 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge IX-cum-Special Judge, Excise-II, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.53108 of 2022(2) dt.16-11-2022 3/3 10,000/- (Ten thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) nirajkrs/- U