Mukhiya @ Mukhiya Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68971 of 2024 Arising Out of PS. Case No.-335 Year-2024 Thana- PIRO District- Bhojpur ====================================================== 1.

Mukhiya @ Mukhiya Chaudhary S/o Late Paras Chaudhary R/o VillageShanehiu Tola, P.S.- Piro, District- Bhojpur 2.

Bijli Chaudhary @ Bittu Chaudhary @ Tuntun Chaudhari Son of Late Paras Chaudhary R/o Village- Shanehiu Tola, P.S.- Piro, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-09-2024

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 offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 25 litres of liquor from a place near the house of Paras Chaudhary. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of chowkidar but then it is submitted that police in majority of the cases implicates

Patna High Court CR. MISC. No.68971 of 2024(2) dt.25-09-2024 2/2 either at the instance of chowkidar, local person, secret information or confessional statement without holding proper investigation in a mechanical manner, when petitioners admittedly are persons with clean antecedent.

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

5. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Piro P.S. Case No.335/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. 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 petitioners have antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) amit/- U T