Pankaj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63167 of 2023 Arising Out of PS. Case No.-203 Year-2023 Thana- DARAUNDA District- Siwan ====================================================== 1.

Pankaj Chaudhary Son Of Bali Chaudhary Resident Of Village- Bagaura Pasi Tola, P.S.- Daraunda, District- Siwan.

2.

Ramu Kumar Chaudhary @ Ramu Chaudhary Son Of Late Sri Ram Chaudhary Resident Of Village- Bagaura Pasi Tola, P.S.- Daraunda, DistrictSiwan. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Daraunda P.S. Case No. 203 of 2023 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. There is total recovery of 80 litres country made liquor from the bamboo house of Nayeem Miyan.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to their two previous criminal antecedents. No incriminating articles have been recovered from the possession

Patna High Court CR. MISC. No.63167 of 2023(2) dt.17-10-2023 2/2 of the petitioners. Petitioners have no concern with the seized liquor or with the bamboo house in question. There is no question of absconding or tampering with the evidence by the petitioners.

5. Learned APP 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, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Daraunda P.S. Case No. 203 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) shweta/- U T