Amarnath Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70929 of 2024 Arising Out of PS. Case No.-308 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== 1.

Amarnath Chaudhary Son of Late Pandit Chaudhary Village- Shivrajpur PSNautan District- West Champaran 2.

Ranjit Chaudhary @ Ranjit Kumar Chaudhary Son of Amarnath Chaudhary Village- Shivrajpur PS-Nautan District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2024 1.

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

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 45 of the Bihar Excise Act and Sections 191(2), 126(2), 115(2), 118(1), 109, 121(1), 121(2) and 132 of BNS.

3.

Learned counsel for the petitioners submits that the petitioner No. 1 has antecedent of one case and Petitioner No. 2 is a person with clean antecedent and informant alleges that on secret information, police team raided vegetable field and found illegal liquor concealed in the straw, accordingly the liquor was seized when villagers arrived and attacked the police force with

Patna High Court CR. MISC. No.70929 of 2024(2) dt.30-09-2024 2/3 lathi, danda on account of which the informant and his team got injured, further alleges that the mob even tried to snatch the mobile and official pistol.

4.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the instant case with general and omnibus allegation. It is also submitted that it does not appear probable that Chowkidar would have identified so many accused persons. It is also submitted that petitioners stay nearby from the place of occurrence as such on hearing ruckus, they also went to see what was happening and they came to be implicated.

5.

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

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 10,000/- (Rupees Ten Thousand) each 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 Nautan P.S. Case No. 308 of 2024, subject to the conditions as laid

Patna High Court CR. MISC. No.70929 of 2024(2) dt.30-09-2024 3/3 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 petitioners shall verify the criminal antecedents of the petitioners and in the event if it is found that the petitioner No. 1 has antecedent of more than one case and petitioner No. 2 has even one antecedent , in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T