Jaglal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73546 of 2023 Arising Out of PS. Case No.-590 Year-2014 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Jaglal Chaudhary S/O Late Kishun Chaudhary Village- Govindpur Dih, Ps. Govindpur, Dist. Nawada ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in connection with G.O. Case No. 590 of 2014 dated 25.07.2014 for the offences punishable u/s 47(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 240 litres of country made illicit liquor kept in 8 plastic gallons each containing 3 litres and about 1400 kg of fermented Jawa Mahua kept in 9 plastic bags were recovered from the spot.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.73546 of 2023(2) dt.29-11-2023 2/2 that the petitioner has falsely been implicated in this case. It is further submitted that the nearby people has disclosed the name of the petitioner. The petitioner has one criminal antecedent as stated at para 3 of the bail petition. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out.

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

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender 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 court concerned, Nawada in connection with G.O. Case No. 590 of 2014, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Chandra Prakash Singh, J) Nilmani/- U T