Patna High CourtCR. MISC./70202/2024bail granted

Abhishek Chaudhary @ Abhishek Kumar v. The State Of Bihar

2024-09-27Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70202 of 2024 Arising Out of PS. Case No.-135 Year-2024 Thana- NATWAR District- Rohtas ====================================================== Abhishek Chaudhary @ Abhishek Kumar S/O Late Dinesh Chaudhary @ Late Dinesh Kumar R/O Village- Bishnupur, P.S- Natwar, (Semara O.P.), Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 12 litres of liquor from a place near the pond of Santosh Chaudhary.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and

Patna High Court CR. MISC. No.70202 of 2024(2) dt.27-09-2024 2/3 even alleged recovery is from a place, which does not belong to the petitioner and he has no concern with Abhishek Chaudhary and he came to be implicated based on confessional statement of Bhaiya Ram in police custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2-cumAdditional District & Sessions Judge, Rohtas at Sasaram in connection with Natwar P. S. Case No.135 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court

Patna High Court CR. MISC. No.70202 of 2024(2) dt.27-09-2024 3/3 before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T