Allowed

Raju Chaudhary @ Raju Kumar Chaudary v. The State of Bihar

Patna HC18 Mar 2024CR. MISC./17532/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in an excise case alleging recovery of one litre of liquor from a vacant public plot, claiming no conscious possession and implication due to prior antecedents. The court granted anticipatory bail on surrender within six weeks with bail bonds and sureties subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Anticipatory bail on furnishing bail bonds of Rs. 10,000 each with two sureties of like amount, upon arrest or surrender within six weeks, subject to S. 438(2) Cr.P.C. conditions.

Raju Chaudhary @ Raju Kumar Chaudary Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17532 of 2024

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Arising Out of PS. Case No.-115 Year-2018 Thana- WARISLIGANJ District- Nawada

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======================================================

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1. Raju Chaudhary @ Raju Kumar Chaudary son of Bhola Chaudhary VillageWarisaliganjUtari Bazar Koriey Tola Ps- Warisaliganj Dist- Nawada

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Bhola Chaudhary son of Late Munshi Chaudhary Village- WarisaliganjUtari Bazar Koriey Tola Ps- Warisaliganj Dist- Nawada

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar For the Opposite Party/s : Mr.Shantanu Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 18-03-2024

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1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

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2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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3. Learned counsel for the petitioners submits that petitioner No. 1 has antecedent of one case and petitioner No. 2 has antecedent of two cases, and allegation is of recovery of 1 litre of liquor from a vacant plot in front of the Priyanka Saloon.

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4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged

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Patna High Court CR. MISC. No.17532 of 2024(2) dt.18-03-2024 2/2

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recovery is from a place which is accessible to public at large and does not belong to the petitioners and they came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that the police are taking advantage of the antecedent of the petitioners, possibly implicated them in the instant case.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Warisaliganj P.S. Case No. 115 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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SUMIT/-

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U T

Raju Chaudhary @ Raju Kumar Chaudary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raju Chaudhary @ Raju Kumar Chaudary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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