Manoj Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84331 of 2024 Arising Out of PS. Case No.-219 Year-2024 Thana- HISUWA District- Nawada ====================================================== Manoj Chaudhary Son of Krishna Chaudhary R/o village -Milki Saidpur, P.S.- Hisua, Dist-. Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar, Advocate For the Opposite Party/s :
Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-12-2024 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Hisua PS case no. 219 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3.
The prosecution story, as per the First Information report, is that on secret information, when the informant along with the police party reached at the place of occurrence, they saw one person coming on a motorcycle with a sack but after seeing the police party, the said person fled away leaving the motorcycle. Upon search, 100 liters of countrymade liquor was recovered and seized.
4.
Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.84331 of 2024(2) dt.19-12-2024 2/2 petitioner is not the owner of the motorcycle and he has falsely been implicated in this case on the basis of secret information. He further submits that illicit liquor has been recovered from the road side, which is an open place, accessible to everyone. 5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from an open space, which is accessible to all and sundry, I am inclined to grant the privilege of anticipatory bail to the petitioner.
6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be 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 Judge-1st, Nawada in connection with Hisua PS case no. 219 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T