Sanjay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74509 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.
SANJAY CHAUDHARY S/o Late Lalan Chaudhary R/v- Wazirganj, P.S.- Sasaram Muffasil, District- Rohtas 2.
PAPPU CHAUDHARY @ PAPPU KUMAR SINGH S/o Late Lalan Chaudhary R/v- Wazirganj, P.S.- Sasaram Muffasil, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditya Narayan Singh.1, Adv.
For the Opposite Party/s :
Mr.Rajendra Prasad Nat, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2023 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.2, submitting that during pendency of this application petitioner no.2 has been apprehended by the police.
Permission is granted.
Accordingly, this application is dismissed as withdrawn in respect of petitioner no.2 only.
Now this application survives for only petitioner no.1 The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar
Patna High Court CR. MISC. No.74509 of 2022(2) dt.20-01-2023 2/3 Prohibition and Excise Act.
Altogether, 200 litres spirit was recovered from Alto Maruti. Petitioner along with other co-accused succeeded in fleeing away.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. The name of the petitioner has been transpired on the basis of suspicion. He was not apprehended on the spot. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Having regard to the facts and circumstances of the case,
Patna High Court CR. MISC. No.74509 of 2022(2) dt.20-01-2023 3/3 let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Sasaram Muffasil P.S. Case No. 179 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in PM Cares fund.
(Anjani Kumar Sharan, J) divyanshi/- U T