Saurav Chaudhary @ Tamatar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89889 of 2024 Arising Out of PS. Case No.-337 Year-2024 Thana- ROH District- Nawada ====================================================== Saurav Chaudhary @ Tamatar Chaudhary S/O Upendra Chaudhary Resident of village- Banshichak, P.S.- Roh, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2025

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 Roh Police Station Case No. 337 of 2024, dated 19.10.2024, disclosing offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner is manufacturing illicit liquor near his tube well, reached at the place of occurrence and on seeing the police, one person came out of the tube well room and fled away. On search, the police recovered 800 lts. of fermented mahua liquid kept in four drums and other equipment used for preparation of illicit liquor, from the tube well room.

Patna High Court CR. MISC. No.89889 of 2024(2) dt.28-01-2025 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of disclosure of his name by the local Chowkidar. He further submits that the mahua liquid and other equipment has been recovered from the tube well room, situated at an open space and is accessible to all and sundry. 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, his name transpired in this case on the disclosure made by local Chowkidar and the illicit liquor has been recovered from the tube well room, situated at an open space, 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 Exclusive Special Excise

Patna High Court CR. MISC. No.89889 of 2024(2) dt.28-01-2025 3/3 Court No. II, Nawada, in connection with Roh Police Station Case No. 337 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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