Anil Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81460 of 2023 Arising Out of PS. Case No.-208 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== Anil Chaudhari Son Of Jagdish Chaudhari @ Jagdish Chaudhri R/O VillageIndauli, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 10 litres of liquor from an under constructed house of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place where petitioner was not staying as it was under construction and after amendment in the Excise Act in the year 2018, the

Patna High Court CR. MISC. No.81460 of 2023(3) dt.01-04-2024 2/3 concept of deemed possession and presumed offender has been done away with and he came to be implicated at the instant of local people but the name of the local person who disclosed the name of the petitioner is not mentioned in the F.I.R., which casts an aspersion on the case of the prosecution. It is also submitted that no prudent person would use his own premises for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted that it appears that someone inimical to the petitioner planted a meager amount of liquor in order to to implicate the entire family members.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Maharajganj P.S. Case No.208/2023, subject to the conditions as laid down under

Patna High Court CR. MISC. No.81460 of 2023(3) dt.01-04-2024 3/3 Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T