Manoranjan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51245 of 2022 Arising Out of PS. Case No.-330 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== Manoranjan Choudhary Son Of Bhola Choudhary R/V- Gangajal, P.SDariyapur, Dist- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

It is a case of recovery of 10 litres of Country made Liquor and one person was apprehended on spot who disclosed the name of the petitioner as his associate.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has committed no offence. It is further submitted that the petitioner is not concerned either with the seized illicit liquor or with the place of recovery. The place of recovery is abandoned house of the petitioner and it is not in living condition. The petitioner was not apprehended from the

Patna High Court CR. MISC. No.51245 of 2022(2) dt.10-11-2022 2/2 spot. Nothing has been recovered from the conscious possession of the petitioner and except the confessional statement of coaccused person, there is no any cogent material which connects the petitioner with the present case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case and considering the meager quantity of recovery of illicit liquor, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge IInd-cum- 1st Exclusive Special Judge, Excise, Chhapra in connection with Dariyapur P.S. Case No. 330 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T