Naresh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55508 of 2022 Arising Out of PS. Case No.-281 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== 1.

Naresh Chaudhary S/O Late Taregan Chaudhary Resident of villageDhamani, P.S.- Rajauli, District- Nawada. 2.

Manti Devi W/O Naresh Chaudhary Resident Of Village- Dhamani, P.S.- Rajauli, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Rajauli P.S. Case no. 281 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of four packet Salmonia tablets from the house of the petitioners. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Petitioners have no concern with the alleged recovery of Salmonia tablets. The name of the petitioners came into light on basis of secret

Patna High Court CR. MISC. No.55508 of 2022(2) dt.17-11-2022 2/2 information. Both the petitioners are husband and wife and they have falsely been implicated in this case. It is further submitted that neither the petitioners were arrested on spot nor any incriminating article has been recovered from their 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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Rajauli P.S. Case no. 281 of 2022, they 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 Judge- II, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T