Kedar Chaudhary @ Kedar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62936 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== KEDAR CHAUDHARY @ KEDAR YADAV Son of Late Jiwit Chaudhary R/v- Bhainsahi, P.S.- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is 82 years of age and allegation is of recovery of 405 litres of liquor kept in sacks from an asbestos house.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on secret information which is the easiest way to implicate an innocent

Patna High Court CR. MISC. No.62936 of 2022(2) dt.25-11-2022 2/2 person, it is also submitted that petitioner, till 82 years of age, was a person with clean antecedent and all of a sudden has become a criminal based on a mechanical investigation carried by the police, alleging that the liquor was recovered from an asbestos house which belongs to the petitioner when it has been specifically pleaded that recovery is from an open area which does not belong to the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Excise Case No. 93 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T