Guddu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60606 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Guddu Chaudhary Son of Umesh Chaudhary Resident of Vill- Nad, P.S.- Akbarpur, District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with P.S Case No. Sridalla P.S. Case No. 72 of 2024 registered for the offences punishable under Sections 30(a)/41 of Bihar Prohibition and Excise Act 2016.

3. As per allegation in the FIR, FIR has been lodged against two named accused person and the owner of the alleged blue colour TVS Apache bearing Registration No. BR-275-7103. Allegation against the petitioner is that there is recovery of the 130 litre of country made liquor from the two bags which the apprehended persons has

Patna High Court CR. MISC. No.60606 of 2024(3) dt.21-02-2025 2/3 pointed out.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that petitioner has not been arrested on spot and not named in the FIR. His name surfaced during the course of investigation. Though the petitioner is the owner of the said vehicle but there is no recovery from the motorcycle of the petitioner. Moreover, the petitioner has clean antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 19.06.2024 and the case diary, it appears from para 13 of the case diary that the petitioner is found to be the owner of motorcycle bearing Registration No. BR27S-7103 but there is no recovery from the alleged motorcycle of the petitioner and the fact that the petitioner has not been arrested from the spot and the allegation levelled against the petitioner is of chasing the police vehicle from the said motorcycle bearing Registration No. BR27S-7103, let the above named petitioner be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.60606 of 2024(3) dt.21-02-2025 3/3 Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court Excise, -01, Nawada in connection with P.S Case No. Sridalla P.S. Case No. 72 of 2024.

(Ramesh Chand Malviya, J) Sunnykr/- U T