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Patna High CourtCR. MISC./58210/2023allowed

Triloki Kumar Chaudhary @ Triloki Chaudhary @ Trilok Kumar Chaudhary v. The State Of Bihar

2023-09-05Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58210 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- HAYAGHAT District- Darbhanga ====================================================== Triloki Kumar Chaudhary @ Triloki Chaudhary @ Trilok Kumar Chaudhary Son Of Mahendra Chaudhary R/O Vill - Dhobopur Bansara, P.S. - Hayaghat, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kumar, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hayaghat P.S. Case No. 69 of 2023 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1587.420 litres of illicit foreign liquor was recovered from bus near the water wage bandh in village Hathauri. The apprehended persons have disclosed the name of the accused persons including the petitioner who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Petitioner has no concern with the said recovered liquor. No incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.58210 of 2023(2) dt.05-09-2023 2/2 petitioner and the place of recovery is easily accessible to anyone. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Judge-1st (Excise Act), Darbhanga in connection with Hayaghat P.S. Case No. 69 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashutosh/- U T