Raju Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58837 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== 1.

Raju Chaudhary S/O Vijay Chaudhary R/O Village- Mahugayan, P.SParnadabar, Distt.- Nawada. 2.

Manti Devi @ Manti Kumari W/O Raju Chaudhary, D/O Dinanath Chaudhary R/O Village- Mahugayan, P.S- Parnadabar, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 30(a), (d) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners have antecedent of two cases and petitioner no.2 is a woman and allegation is of recovery of 21 litres of liquor from a place near bank of river at village Ichua. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the

Patna High Court CR. MISC. No.58837 of 2024(2) dt.31-08-2024 2/3 petitioners and is accessible to public at large and they came to be implicated at the instance of chowkidar and villagers. It is also submitted that police in majority of the cases implicates either at the instance of chowkidar, local person, secret information or confessional statement without holding proper investigation in a mechanical manner.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nardiganj P.S. Case No.106/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. It is made clear that the learned trial court before accepting the bail bonds of the petitioners shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioners have antecedent of more than two cases

Patna High Court CR. MISC. No.58837 of 2024(2) dt.31-08-2024 3/3 in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T