Kaila Mandal @ Vinod Choudhary @ Binod Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64098 of 2022 Arising Out of PS. Case No.-237 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Kaila Mandal @ Vinod Choudhary @ Binod Chaudhary S/O Prabhu Chaudhary @ Prabhu Mandal R/O Village- Begamsarai, P.S.- Bachhwara, Distt- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 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 a case registered for the offences punishable under Sections 30(a), 36 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 30 litres of country made liquor from open place. One person apprehended from the spot who disclosed his name as Matuki Yadav. The apprehended person disclosed the name of petitioner as a person who fled away from the place of seizure.

Patna High Court CR. MISC. No.64098 of 2022(2) dt.02-12-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by apprehended co-accused person. Neither the petitioner was arrested nor any incriminating article has been recovered from his 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 Bachhwara P.S. Case no. 237 of 2022, 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 Judge I, Begusarai, subject to the conditions as laid down under section 438(2)

Patna High Court CR. MISC. No.64098 of 2022(2) dt.02-12-2022 3/3 of the Cr.P.C.

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