Munna Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59930 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== MUNNA CHAUDHARY S/O NARENDRA CHAUDHARY @ NARODAN CHAUDHARY R/O VILLAGE- DAULATGANJ, P.S- BHAGWAN BAZAR, DISTT.- SARAN AT CHAPRA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-10-2023 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Bhagwan Bazar P.S. Case No. 191 of 2023 for the offence registered under sections 30 (a) of the Bihar prohibition and Excise (Amendment) Act, 2018 lodged on 13.05.2023 by the informant Kamlesh Singh.

As per the prosecution story, the police intercepted a motorcycle and recovered 45 liters country made liquor. The motorcycle rider managed to escape. As the motorcycle belongs to this petitioner, accordingly, the FIR.

It is the case of the petitioner that nothing has been recovered from his conscious possession, on a parked

Patna High Court CR. MISC. No.59930 of 2023(2) dt.07-10-2023 2/3 motorcycle the alleged recovery has been shown. He is a labour and worked as Handcart puller but has been dragged in this case ruining his future. He further submits that irrespective of the outcome of the present case, he is ready to pay Rs. 5,000/- to the Patna High Court Legal Services Committee.

Learned APP opposes the prayer for bail stating that the motorcycle belongs to him.

Considering the submissions put forward by the learned counsel for the parties, the petitioner do not have criminal antecedent, he is a labour, FIR lodged and he will be facing the trial, this Court is inclined to grant him privilege of bail, subject to payment of Rs. 5000/-, as stated above. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 2nd cum Special Judge Excise 1st, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 191 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member of

Patna High Court CR. MISC. No.59930 of 2023(2) dt.07-10-2023 3/3 the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds; With the aforesaid observations, the anticipatory bail application stands allowed.

(Rajiv Roy, J) Jagdish/- U T