Bhikhari Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87330 of 2024 Arising Out of PS. Case No.-407 Year-2024 Thana- BHAGWAN BAZAR District- Saran ====================================================== Bhikhari Choudhary S/o- Late Narendra Choudhary Mohalla- Daulatganj PSBhagwan Bazar, District-Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tejpratap Singh For the Opposite Party/s :

Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-01-2025

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 Bhagwan Bazar Police Station Case No. 407 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, on 09.08.2024 at about 3:45 pm, the informant reached Naviganj and saw one young person coming on motorcycle with a plastic bag. Informant gave signal to stop but the person fled away leaving the motorcycle. On seach, informant found 20 liters of illicit liquor kept in the plastic bag.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case merely on the basis of suspicion. Petitioner had given his motorcycle to

Patna High Court CR. MISC. No.87330 of 2024(2) dt.20-01-2025 2/2 Rahul Mehto on his demand for purchasing medicine for his ailing mother. Petitioner has no knowledge about the occurrence and he has been made accused merely on the ground of his being the owner of the seized motorcycle.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner had given his motorcycle to Rahul Mehto for purchase of medicine and he has been made accused on the basis of his being the owner of the seized 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 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 Special Judge Excise Act 1st, Saran at Chapra, in connection with Bhagwan Bazar Police Station Case No. 407 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T