Mithlesh Chaudhary @ Mithilesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79927 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- HISUWA District- Nawada ====================================================== Mithlesh Chaudhary @ Mithilesh Chaudhary S/O Suresh Chaudhary, R/O Village Fulwariya PS Hisua District Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the parties.

Petitioner apprehend his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

250 litres of country made liquor kept in drum has been recovered near Paine in the bamboo bush. On query, the villagers who assembled there, stated that the drum was concealed in the bamboo bush by petitioner along with other coaccused. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Nothing has been recovered from the possession of the petitioner. Recovery was made from open place. Similarly, situated co-accused persons have been granted bail by a co-

Patna High Court CR. MISC. No.79927 of 2019(2) dt.09-12-2019 2/2 ordinate bench of this Court vide order dated 27.11.2019 in Criminal Miscellaneous No. 75799 of 2019. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his/her arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Hisua P.S. Case No. 387 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U