Ajit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10539 of 2021 Arising Out of PS. Case No.-34 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== AJIT CHAUDHARY, Son of Bihari Chaudhary, Resident of Gulzarbagh, Dahchani Pokhar, P.S.- Rajgir, District- Nalanda. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party :

Mr. Ashok Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks anticipatory bail in connection with Rajgir P.S. Case No. 34 of 2020 (G.R. No. 437 of 2020) for the offence punishable under Sections 30(a)(b)/37(b)(c) of the Bihar Prohibition & Excise.

Learned counsel for the petitioner submits that the father of the petitioner namely, Bihari Chaudhary, has been arrested and has been granted bail. He further submits that the petitioner is staying separately from his father. Considering the aforesaid facts, this anticipatory bail application is allowed.

Let the petitioner, above named, in the event of his arrest/surrender within ten weeks from today in the Court below,

Patna High Court CR. MISC. No.10539 of 2021(2) dt.22-01-2022 2/2 be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd District & Sessions Judge-cumSpecial Judge (Excise), Nalanda, Biharsharif, in connection with Rajgir P.S. Case No. 34 of 2020 (G.R. No. 437 of 2020), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

However, the Court below before accepting the bail bonds of the petitioner shall verify the fact whether the father of the petitioner namely, Bihari Chaudhary, has been arrested and has been granted bail and if it is found to be true then, the Court below will accept the bail bonds of the petitioner. If the aforesaid fact is found to be false, in such circumstances, the Court below shall not accept the bail bonds of the petitioner and take the petitioner into the custody.

(Sandeep Kumar, J) pawan/- U T