Ajay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63583 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== Ajay Chaudhary Son of Late Barati Chaudhary Resident of village- Uttar Patti Tilauthu, P.S.- Tilauthu, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Tilauthu P.S. Case no. 229 of 2024, registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on secret information having been received about the two accused persons including the petitioner herein having stored liquor and were proposing to carry the same for sale, a raid was conducted. The accused managed to escape but 50 litres of Mahua liquor was recovered. The informant further states that on inquiry it transpired from the spy that the two accused, who had managed to escape, included the petitioner herein.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Neither the

Patna High Court CR. MISC. No.63583 of 2024(2) dt.21-09-2024 2/2 petitioner was arrested at the spot nor any incriminating article recovered from his possession. He has no concern with the seized liquor nor the place of seizure. He has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R. together with the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Tilauthu P.S. Case no. 229 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees 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.

(Partha Sarthy, J) avinash/- U T