Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66201 of 2022 Arising Out of PS. Case No.-682 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Rajesh Chaudhary Son Of Late Baleshwar Chaudhary Resident Of Village - Govindpur Dih, P.S.- Govindpur, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with G.O. Case no. 682 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 74 liters illicit country made liquor in four gallon from Mahavara forest area. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The place of recovery is an open land and the petitioner has no concern either with the place of occurrence or with the alleged recovery of illicit country made liquor. The name of the

Patna High Court CR. MISC. No.66201 of 2022(2) dt.09-12-2022 2/2 petitioner came in light on the basis of secret information. It is further submitted that neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with G.O. Case no. 682 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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