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Patna High CourtCR. MISC./69426/2023allowed

Ranjit Chaudhary v. The State Of Bihar

2023-11-01Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69426 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== Ranjit Chaudhary Son Of Ramashankar Chaudhary Resident Of Village - Indauli, P.S.- Maharajganj, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Maharajganj P.S. Case No. 75 of 2023 instituted under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of about 45 litres of illicit liquor kept in six gallons in Pasi Tola.

4. Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. He was not apprehended on the spot. He has falsely been implicated in this case. It is further submitted that similarly situated co-accused persons, namely, Sunil Chaudhary and Anil Chaudhary have already been granted anticipatory bail

Patna High Court CR. MISC. No.69426 of 2023(2) dt.01-11-2023 2/2 by a co-ordinate Bench of this Court, vide order dated 25.05.2023 passed in Cr. Misc. No. 33105 of 2023. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court where the case is pending in connection with Maharajganj P.S. Case No. 75 of 2023, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T