Rajendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54394 of 2022 Arising Out of PS. Case No.-428 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== RAJENDRA CHAUDHARY S/o Krishna Chaudhary Resident of VillageMahdipur, P.S.- Warisaliganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Warisaliganj P.S. Case no. 428 of 2022 instituted for the offence under Sections 30(a)/30(c)/41 of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 50 liters illicit country made liquor and apparatus of manufacturing of liquor behind the Bichkhoriya Bridge.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.54394 of 2022(2) dt.17-11-2022 2/2 place of occurrence. It is further submitted that one person namely, Dilip Kumar arrest on spot and the name of the petitioner has been disclosed in this case by local Chaukidar. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Warisaliganj P.S. Case no. 428 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U