Patna High CourtCR. MISC./79387/2024bail granted

Dina Nath Chaudhary v. The State Of Bihar

2024-11-26Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79387 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- JANTA BAZAR District- Saran ====================================================== Dina Nath Chaudhary son of Vishwanath Chaudhary Village -Shobhipur, Police Station -Janta Bazar ,District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Janta Bazar P.S. Case no.189 of 2024 registered for the offence punishable under section section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 40 litres of country liquor is said to have been recovered from the bushes behind the dalan of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession or from his house. He has no concern either with the seized article nor with the place of seizure. He undertakes to cooperate in the

Patna High Court CR. MISC. No.79387 of 2024(2) dt.26-11-2024 2/2 investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., no incriminating article having been recovered from the petitioner's possession or from his house, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Janta Bazar P.S. Case no.189 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Judge, Saran at Chapra.

(Partha Sarthy, J) Bibhash U T