Amit Chaudhary @ Amit Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79416 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- DARIGAON District- Rohtas ====================================================== Amit Chaudhary @ Amit Patel Son of Munna Chaudhary @ Dhananjay Patel Resident of Mohalla - Kuraich, P.S.- Sasaram (Town), Distt.- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Chhote Lal Mishra, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and Mr. Tapeshwar Sharma, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Darigaon P.S. Case No. 13 of 2024 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The case of the prosecution is that altogether 159.480 liters of foreign liquor was recovered from the godown of Nagendra Tiwary. It was disclosed by Nagendra Tiwary that the petitioner has taken the portion on rent one month prior to the occurrence for using the portion as godown.

4. During course of the argument, learned counsel for the appellant has submitted that the petitioner has got no concern with the said godown. The petitioner is having no

Patna High Court CR. MISC. No.79416 of 2024(2) dt.28-11-2024 2/2 criminal antecedent of excise, rather he is having criminal antecedent of two cases of different nature on which he is on bail.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Darigaon P.S. Case No. 13 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2-cum-Additional District & Session Judge, Rohtas at Sasaram subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) durgesh/- U T