Patna High CourtCR. MISC./64359/2023allowed

Yugesh Chaudhary v. The State Of Bihar

2023-10-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64359 of 2023 Arising Out of PS. Case No.-369 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== YUGESH CHAUDHARY SON OF LATE DASHRATH CHAUDHARY RESIDENT OF VILLAGE- KHANDA, PS- SASARAM (MUFFASIL), DISTT- ROHTAS AT SASARAM ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sasaram (Muffasil) P.S. Case No. 369 of 2023 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 24 litres of illicit country-made liquor was recovered from 20 meters far away from north side of the house of the petitioner and the allegation against the petitioner is that he fled away from the spot alongwith co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner has falsely been implicated in this case due to village politics.

Patna High Court CR. MISC. No.64359 of 2023(2) dt.18-10-2023 2/2 He further submits that petitioner has no concern with the recovered liquor and he had not fled away from the place of occurrence as alleged. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering 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 to each to the satisfaction of the learned Exclusive Special Excise Court no. 2-cum-Additional District and Sessions Judge, Rohtas at Sasaram in connection with Sasaram (Muffasil) P.S. Case No. 369 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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