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Patna High CourtCR. MISC./57702/2023allowed

Chandra Chaudhary @ Ramchandra Chaudhary @ Ramchandra 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.57702 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- GURUA District- Gaya ====================================================== Chandra Chaudhary @ Ramchandra Chaudhary @ Ramchandra Chaudhary Son Of Late Ramdhani Chaudhary Resident Of Village- Baluganj, Ps- Gurua, Dist- Gaya (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Adv For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Gurua P.S.Case No. 257 of 2023 instituted under Section 30(a) of Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 10 liters country made Mahua liquor was recovered besides the house of petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.57702 of 2023(2) dt.05-09-2023 2/2 seized liquor was recovered from an open place. Nothing incriminating article has been recovered from the house of the petitioner. The petitioner has no concern with the said liquor and he has clean antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his 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 Excise-II Gaya, in connection with Gurua P.S.Case No. 257 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) N.K/- U T