Sujeet Kumar Choudhary @ Sujit Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65355 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== SUJEET KUMAR CHOUDHARY @ SUJIT KUMAR CHOUDHARY S/o Navin Chaudhary @ Navin Kumar Chaudhary R/o village- Donar, P.S.- Donar, District- Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-11-2019 The petitioner apprehends his arrest in connection with Excise Case No. 08 of 2019 corresponding to Special Case No. 435 of 2019 registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner is that the police intercepted the car of the petitioner and recovered a total quantity of 108.57 litres of illicit liquor and two bottles beer from the car of the petitioner. Petitioner has been made accused on the basis of the fact that ownership book of the car in question was found inside the car and two persons sitting in the vehicle were arrested.

Learned counsel for the petitioner submits that petitioner has merely been implicated in this case on the basis of the fact that he happens to be the owner of the car in question which was

Patna High Court CR. MISC. No.65355 of 2019(2) dt.06-11-2019 2/2 intercepted and seized by the police. He further submits that in para-13 of this application, the petitioner has stated that though the car belongs to the petitioner but the same was being driven by the driver at the time of seizure and the petitioner had no knowledge that driver was carrying illegal liquor in the car belonging to the petitioner.

Having regard to the submissions made by the parties and taking into consideration the justification given by the petitioner in para-13 of the application, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions -cum-Special Judge, Araria in connection with Excise Case No. 08 of 2019 corresponding to Special Case No. 435 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T