Santosh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52023 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- DURAULI District- Siwan ====================================================== SANTOSH CHAUDHARY S/O Late Ashok Chaudhary R/O Village- Nayajan Tola, P.S.- Rivilganj, Dist. Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-08-2023 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 under Section 414 of the Indian Penal Code and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 846.720 liters of foreign liquor is said to have been recovered from two pick up vehicles and petitioner is owner of one of the said vehicles from which 432 liters foreign liquor has been recovered and merely on that basis he has been made accused in the present case. Petitioner is not apprehended at the spot. Petitioner

Patna High Court CR. MISC. No.52023 of 2023(2) dt.19-08-2023 2/3 has no concern either with the seized liquor or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case due to ill motive of the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

5. 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 Darauli P.S. Case No. 116 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C, Subject to the further conditions that:- (i) One of the bailors will be his own blood relative,

Patna High Court CR. MISC. No.52023 of 2023(2) dt.19-08-2023 3/3 preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Maynaz/- U T