Sanjay Chaudhary @ Sanjay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68318 of 2024 Arising Out of PS. Case No.-212 Year-2024 Thana- NASRIGANJ District- Rohtas ====================================================== Sanjay Chaudhary @ Sanjay Choudhary Son of Devendra Choudhary @ Doma Choudhary Resident of Village -Ward No 14 Nasriganj, Police StationNasriganj District -Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 55 litres of liquor from hut of Dhananjay and 45 litres of liquor from field of petitioner.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is next submitted that no prudent person would use his own field for committing an occurrence and thus would create evidence against himself and hence would get

Patna High Court CR. MISC. No.68318 of 2024(3) dt.18-10-2024 2/2 implicated. It is also submitted that field of the petitioner is adjacent to Sone river and it might be a possibility that someone in order to falsely implicate the petitioner planted the meagre amount of liquor in the field.

5.

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

6.

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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nasriganj P.S. Case No. 212 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T