M.P. Chaudhary @ Binod Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64477 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- SAHAR District- Bhojpur ====================================================== M.P. Chaudhary @ Binod Chaudhary, Gender- Male, aged about 28 years, son of late Neur Chaudhary @ late Negar Choudhary, resident of Village- Baruhi, P.S- Sahar in the district of Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Sahar PS Case No.118 of 2023 dated 21.07.2023, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution story, in short, is that the police intercepted two motorcycles and recovered 30 liters of countrymade from the same. The accused persons managed to flee away. The Chaukidar named the petitioner as one of them.

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 and his name has appeared in this case by virtue of

Patna High Court CR. MISC. No.64477 of 2023(2) dt.18-10-2023 2/2 statement made by the Chaukidar. It is further submitted that similarly situated co-accused Mukesh Chaudhary @ Mukesh Kumar vide Cr. Misc. No.59714 of 2023 and co-accused Butan Kumar vide Cr. Misc. No.58822 of 2023 have been granted anticipatory bail by co-ordinate Benches of this Court. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered 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, Bhojpur at Ara, in Sahar PS Case No.118 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T