Patna High CourtCR. MISC./86662/2024bail granted

Dhanu Chaudhary v. The State Of Bihar

2025-01-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86662 of 2024 Arising Out of PS. Case No.-273 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== Dhanu Chaudhary S/o Ganesh Chaudhary @ Ganesh Prasad Choudhari R/O Village-Narayanpur, PS-Sandesh,Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-01-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Sandesh P.S. Case no.273 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on search while 20 litres of country liquor was recovered from the motorcycle in question, it is stated that the petitioner managed to escape.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He has no concern with the said motorcycle. The petitioner has no criminal antecedent.

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

Patna High Court CR. MISC. No.86662 of 2024(2) dt.03-01-2025 2/2

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, no incriminating article having been recovered from the petitioner's possession, the petitioner not being the owner of the motorcycle in question and his not having any antecedent under the Bihar Prohibition and Excise Act, 2016, 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 Sandesh P.S. Case no.273 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 Exclusive Special Excise Judge, Excise Court no.II, Bhojpur at Ara.

(Partha Sarthy, J) Saurabh/- U T