Pramod Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.30851 of 2018 (2) dt.04-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30851 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Pramod Chaudhary son of Bangali Chaudhary, Resident of VillageMananpur, P.S.- Bhagwanpur, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bhagawanpur Police Station Case No. 58 of 2018, disclosing offences under Sections 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the alleged recovery of 85 litres foreign liquor was recovered from the Tempo, which is evident from seizure list and the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. Neither the petitioner is owner of the said tempo

Patna High Court Cr.Misc. No.30851 of 2018 (2) dt.04-06-2018 nor he is driver of the tempo. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd - cum- Special Judge, Excise Court, Begusarai in connection with Bhagawanpur Police Station Case No. 58 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T