Pintu Chaudhary @ Pintu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71257 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- KOCHAS District- Rohtas ====================================================== PINTU CHAUDHARY @ PINTU RAI SON OF KALIKA CHAUDHARY R/O VILLAGE- KANJAR, P.S.- KOCHAS, DISTRICT- ROHTAS AT SASARAM ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Babu Nandan Prasad For the Opposite Party/s :
Mr.Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2023
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Kochas Police Station Case No. 193 of 2023, disclosing offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report, is that the police got a secret information that three persons, on a four-wheeler vehicle, were carrying illicit liquor, intercepted one vehicle and recovered 200 ml. of illicit liquor and arrested two persons, who discloses the name of the petitioner as the person who succeeded in fleeing away.
Patna High Court CR. MISC. No.71257 of 2023(2) dt.07-11-2023 2/3
4. Learned Counsel for the petitioner submits that the petitioner has been made accused on the basis of disclosure of his name by the arrested co-accused persons. He further submits that the vehicle, from which illicit liquor has been recovered, does not belong to the petitioner. He next submits that the petitioner is having no criminal antecedent and illicit liquor has not been recovered from the conscious possession of the petitioner and/or premises belonging to him.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and illicit liquor has not been recovered from the conscious possession of the petitioner and/or vehicle belonging to him, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.71257 of 2023(2) dt.07-11-2023 3/3 Exclusive Special Excise Court No. II, Rohtas, at Sasaram, in connection with Kochas Police Station Case No. 193 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √