Patna High CourtCR. MISC./51172/2023bail granted

Abhinandan Chaudhary @ Abhinandan Kumar v. The State Of Bihar

2023-08-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51172 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Abhinandan Chaudhary @ Abhinandan Kumar S/O Rajendra Chaudhary Resident Of Village -SALEMPUR, P.S- Rajepur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Rajepur P.S. Case No. 98 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 61.920 litres of liquor from a maize field at village Sidhwaliya and one Bolero vehicle was seized.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated by the villagers but then the FIR does not disclose

Patna High Court CR. MISC. No.51172 of 2023(2) dt.07-08-2023 2/2 the name of the villagers who disclosed the name of the petitioner, it is also submitted that the petitioner is not the owner of the maize field nor the seized vehicle belongs to him.

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

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajepur P.S. Case No. 98 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T