Pappu Chaudhary @ Pappu Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84665 of 2019 Arising Out of PS. Case No.-298 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== PAPPU CHAUDHARY @ PAPPU KUMAR CHAUDHARY Son of Raju Chaudhary R/o Mohalla- Bishari Asthan, Pasi Tola, Ishakchak, P.S.- Ishakchak, Distt- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 313 litres of IMFL was recovered from a special chamber made in the pickup van which was said to be belonging to the petitioner. The vehicle was being driven by the driver Mangal Chaudhary.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the seized illicit liquor nor does any concern with the seized vehicle. The document obtained on-line from a website is brought on record as

Patna High Court CR. MISC. No.84665 of 2019(2) dt.19-12-2019 2/2 Annexure-2 to this application to show that the vehicle with the said registration number belongs to one Ritesh Kumar Singh. Application for bail is opposed by learned APP for the State that the petitioner has a case under the Bihar Prohibition and Excise Act.

Having heard learned counsel for the parties and taking into consideration the facts that the petitioner was not arrested at the spot and the seized vehicle does not belong to the petitioner, the Court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Jagdishpur P.S. Case No.298 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge,IInd-cum-Special Judge, Excise Act, Bhagalpur, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash Narayan /- U T