Yogi Chaudhary @ Yogendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56424 of 2023 Arising Out of PS. Case No.-311 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Yogi Chaudhary @ Yogendra Chaudhary, aged about 42 years (Male) son of Katwaru Chaudhary, Resident of Village- Dayal Bigha PS-Sasaram DistrictRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sasaram (M) P.S. Case No. 311 of 2023 dated 06.06.2023 instituted under Sections 147, 148, 338, 307, 323 and 353 of the Indian Penal Code and Section 45 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The allegation against the petitioner is that the petitioner was in drunken condition and on the basis of information regarding the sale of liquor, when police conducted raid and apprehended the petitioner, the associates of the petitioner rescued him from police custody and also pelted stones on the police raiding team in which police personnel got injured and the Government vehicle was also damaged.

Patna High Court CR. MISC. No.56424 of 2023(2) dt.28-08-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence and has been implicated in this case merely on suspicion. There is no material against the petitioner. He has no criminal antecedent. Learned counsel further submits that no case is made out against the petitioner.

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

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 each to the satisfaction of the learned Exclusive Special Excise Court No. 2-cum-Additional District and Sessions Judge, Rohtas at Sasaram in Sasaram (M) P.S. Case No. 311 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) P. Kumar U T