Vinod Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79907 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- PAUTHU District- Aurangabad ====================================================== Vinod Chaudhary ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Adarsh Singh, Adv.

For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and Mr. Kanhiya Kishor, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pauthu P.S. Case no. 107 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The case of the prosecution is that from a bike, altogether 48 liters of country made liquor was recovered. One Rajesh Choudhary was apprehended. Rajesh Choudhary told that this petitioner helps him in manufacturing of illegal liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It has been submitted by the learned counsel for the petitioner that nothing has been recovered from the possession

Patna High Court CR. MISC. No.79907 of 2024(2) dt.05-12-2024 2/2 of this petitioner. His name has surfaced in the statement of coaccused petitioner. A statement has been made in para-3 of this petition that the petitioner has got criminal antecedents of two cases.

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 with condition that the petitioner shall not indulge in similar nature of offences in future. 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 Pauthu P.S. Case No. 107 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 Court of Special Judge Excise Court No.II, Aurangabad subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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