Chhotelal Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52794 of 2025 Arising Out of PS. Case No.-17 Year-2017 Thana- AMNAUR District- Saran ====================================================== Chhotelal Chaudhary S/O Singeshwar Chaudhary R/O Village- Khutahi, P.S.- Paroo, District- Muzaffarpur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rakesh Kumar, Advocate For the State :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2025 Heard Mr. Rakesh Kumar, learned counsel appearing on behalf of the petitioner and Mr. Pramod Kumar Pandey, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 409, 420 and 120B of the Indian Penal Code and Section 7 of the Essential Commodities Act.
3. The prosecution case, in brief, is that 35 bags of rice, which are suspected to be of the F.C.I., were seized from two pickup vans.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R. Name of petitioner transpired in this case merely on the basis of
Patna High Court CR. MISC. No.52794 of 2025(2) dt.12-08-2025 2/3 confessional statement of one of the drivers. Petitioner is neither owner or driver of the pickup vans nor a P.D.S. dealer and has got no concern with the 35 rice bags which were seized. It is further submitted that co-accused Krishna Rai, who happens to be driver of one of the pickup van, has already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 26.02.2019 passed in Cr. Misc. No. 11782 of 2019. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Saran at Chapra in connection with Amnaur P.S. Case No. 17 of 2017, subject to condition as laid down under
Patna High Court CR. MISC. No.52794 of 2025(2) dt.12-08-2025 3/3 Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T