Sanjay Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83608 of 2019 Arising Out of PS. Case No.-150 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== SANJAY CHAUDHARI Son of Mathura Chaudhari @ Mathuri Chaudhari Resident of Village - Govindpur Dih, P.S.- Govindpur, District- Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in Govindpur PS Case No. 150 of 2019 registered under Sections 30(a)/30(d) of Bihar Prohibition and Excise Act, 2016.

Petitioner's Counsel submits that nature of allegation does not even cast a grave suspicion regarding implication of the petitioner as recovery is allegedly of 26 litres from the river bank. Petitioner was not arrested near the river. Name of the petitioner has been taken by village chaukidar on extraneous consideration and in view of aforesaid circumstances no case whatsoever is made out under the Bihar Prohibition and Excise Act, Learned APP has opposed the prayer referring to Section 76(2) of the Act on account of maintainability. For the limited purpose of grant of anticipatory bail this Court is inclined to accept the submission on behalf of the petitioner. Considering the aforesaid submissions prayer for anticipatory bail of the petitioner is allowed. In the event of arrest or surrender before the court below

Patna High Court CR. MISC. No.83608 of 2019(2) dt.17-12-2019 2/2 within four weeks from today, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge -cum- Special Judge, Excise Act, Nawada, in Govindpur PS Case No. 150 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T