Raghavendra Choudhary @ Mohan Kumar Choudhary @ Mohan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69181 of 2019 Arising Out of PS. Case No.-52 Year-2018 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== RAGHAVENDRA CHOUDHARY @ MOHAN KUMAR CHOUDHARY @ MOHAN CHOUDHARY S/o Prem Shankar Choudhary R/o village- Darhar, P.S.- Bahadurpur, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Madhusudan Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 30(g) of Bihar Prohibition and Excise Act, 2016.

Informant is the police officer, who in his written complaint has alleged that on 21.05.2018 he was on patrolling duty and found one truck was parked in suspicious circumstances. He started watching around the truck and found that liquor is being unloaded from the truck in a room near the truck, consequently, raid was laid. It is further alleged that from the truck in question and the room near the parked truck, situated on the land and orchard of Prahlad Mehta, 3110 litres of country made foreign liquor were recovered. In

Patna High Court CR. MISC. No.69181 of 2019(2) dt.18-12-2019 2/3 the meantime, two motorcycles borne persons came near the truck but on seeing the police party, they started fleeing away and subsequently, they were apprehended. The apprehended persons disclosed their names as co-accused Bittu and Mohan and they further disclosed that the recovered liquor belong to them.

It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from his possession. It has been further submitted that co-accused who were arrested have been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 42878/2018 and Cr. Misc. No. 71819/2018 and other similarly placed co-accused, namely Sanjay Sahni has been granted bail by a co-ordinate Bench of this Court as contained in Annexure-P2. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with G.O.

Patna High Court CR. MISC. No.69181 of 2019(2) dt.18-12-2019 3/3 Case No. 497/2018/A.P.M. Case No. 52 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T