Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73846 of 2024 Arising Out of PS. Case No.-540 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Sanjay Chaudhary, aged about 35 years (Male), S/o Chando Chaudhary, R/o Village-Fulwariya, P.S.- Rajauli, District- Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party :

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with G.O. Case No. 540 of 2015 registered for the offences punishable under Sections 47(a)(f) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, total 20 litres of illicit liquor and 200 kgs., of Jawa Mahua were recovered from the Adda.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the place from where the alleged illicit liquor was recovered does not belong to the petitioner. No incriminating article has been recovered from his

Patna High Court CR. MISC. No.73846 of 2024(2) dt.23-10-2024 2/2 possession. The name of the petitioner has come on the basis of secret information but the informant has not disclosed the source of secret information. He has no concern with the alleged offence. The petitioner had no knowledge about the present case and when he got information about the present case in the year 2023, he moved before the learned court below for grant of his anticipatory bail. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-2, Nawada in connection with G.O. Case No. 540 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

U.K./- (Chandra Prakash Singh, J) U T