Dhanji Chaurasiya @ Dhananjay Prasad Chaurasiya @ Dhanji Kumar Chaurasia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64811 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- NOKHA District- Rohtas ====================================================== Dhanji Chaurasiya @ Dhananjay Prasad Chaurasiya @ Dhanji Kumar Chaurasia Son Of Late Lakhan Chaurasiya @ Lalan Prasad Village- Kon, PsNokha, Dist- Rohtas ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwari, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Nokha P.S. case No. 150 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. 21.75 liters illicit foreign liquor has been recovered from a truck. The apprehended person stated that it was to be delivered to the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has no concern with the alleged recovery and based on alleged statement of arrested co-accused, he has been implicated though he has no antecedents. The petitioner has no
Patna High Court CR. MISC. No.64811 of 2023(2) dt.18-10-2023 2/3 concern with the truck also and, therefore, based on facts as narrated in the F.I.R., no offence would be made out against the petitioner.
5. The learned APP for the State has opposed the prayer for anticipatory bail, referring to the provisions contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that pre- arrest bail would not be maintainable.
6. This Court is conscious of decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) PLJR 1089. Having regard to the law laid down in the said judgment and the submissions advanced on behalf of the petitioner, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submissions of learned counsel for the petitioner.
7. Petitioner's prayer for anticipatory bail is allowed.
8. Accordingly, 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 bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise, Court No. 2-cum-Addl. District and Sessions Judge, Rohtas at Sasaram in connection with Nokha
Patna High Court CR. MISC. No.64811 of 2023(2) dt.18-10-2023 3/3 P.S. case No. 150 of 2023 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) Pankaj/- U T