Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86957 of 2024 Arising Out of PS. Case No.-428 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Anil Chaudhary S/O Jago Chaudhary Village - Kishabija P.S -Dobhi District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-01-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Excise Police Station Case No. 428 of 2018, dated 18.11.2018, disclosing offence under Sections 30(a)/56(b) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the excise officials, during vehicle check, signalled one motorcycle to stop, which was being driven by the co-accused Arvind Kumar and on search, the police recovered 10 litres of illicit country-made liquor and 100 kgs of mahua flower from the motorcycle. The excise officials arrested co-accused Arvind Kumar and seized the

Patna High Court CR. MISC. No.86957 of 2024(2) dt.18-01-2025 2/3 motorcycle also.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely because he happens to be the registered owner of the motorcycle in question. He further submits that the petitioner has got no concern with the illicit liquor recovered and one of his co-villagers, namely, co-accused Arvind Kumar, had borrowed his motorcycle for some urgent work. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent and he has been made accused in the present case merely because he is the owner of the motorcycle which was borrowed by his co-villager, co-accused Arvind Kumar, who was arrested at the spot along with the motorcycle, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be

Patna High Court CR. MISC. No.86957 of 2024(2) dt.18-01-2025 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. III, Gaya, in connection with Excise Police Station Case No. 428 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √