Kamlesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60231 of 2022 Arising Out of PS. Case No.-192 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== Kamlesh Chaudhary Son Of Birendra Chaudhari R/V- Ankorha Tola, Pilchhi, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(d) of the Bihar Prohibition & Excise Act, 2018.

Allegedly, it is a case of recovery of illicit liquor from the house of co-accused Rakesh Kumar.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and no incriminating article has been recovered from the conscious possession of the petitioner and petitioner has not been apprehended at the spot. He further submits that on the alleged date of occurrence co-accused Rakesh Kumar, the

Patna High Court CR. MISC. No.60231 of 2022(2) dt.18-11-2022 2/2 brother of the petitioner had gone with the Pulsar Motorcycle bearing Registration No. BR-26S-3791, outside of the house and was caught near the Haspura Bus Stand and the petitioner was not aware about the involvement of his brother in the aforesaid business. Petitioner has clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Aurangabad in connection with Haspura P.S. Case No. 192 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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