Nachak Chourasiya @ Nachak Kumar @ Nanhaku Chowrasiya @ Najak Chourasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85573 of 2024 Arising Out of PS. Case No.-301 Year-2024 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Nachak Chourasiya @ Nachak Kumar @ Nanhaku Chowrasiya @ Najak Chourasiya S/o- Shyam Bihari Chourasiya @ Shyam Bihari Paneri Resident of Bhagwanpur PS- Bhagwanpur Distt-Kaimur Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam For the Opposite Party/s :

Ms. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bhagwanpur P.S. Case no. 301 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that two persons on a bike were carrying something on a gunny bag. On being searched, altogether 21.42 liters of foreign liquor was recovered. One person was apprehended and he was identified as Ramchander Dubey. He disclosed the name of this petitioner.

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 is also submitted that from the possession of this

Patna High Court CR. MISC. No.85573 of 2024(2) dt.13-12-2024 2/2 petitioner. He has no concern with the bike or the alleged liquor.

5. In contra, learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail of the petitioner. Petitioner is having criminal antecedent of one case.

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. 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 Bhagwanpur P.S. Case No. 301 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 Special Judge Excise II, Kaimur at Bhabua subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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