Jagdish Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53645 of 2023 Arising Out of PS. Case No.-299 Year-2023 Thana- TEKARI District- Gaya ====================================================== JAGDISH CHAUDHARY S/O SHAHDEV CHAUDHARY R/O VILLAGEKADAWA, P.S- SHERGHATI, DISTT.- GAYA. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :
Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023 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 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 15.5 liters of beer from an e-rickshaw.
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 being owner of the e-rickshaw. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence
Patna High Court CR. MISC. No.53645 of 2023(2) dt.18-08-2023 2/2 against himself and hence would get implicated, it is further submitted that the petitioner was completely unaware that his driver would misuse the e-rickshaw in the manner as alleged.
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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tekari (Panchanpur O.P.) P.S. Case No. 299 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T