Mahesh Chaudhary @ Mahesh Choudharyn @ Mahesh Kumar Chaudhary v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Sandip Kumar Gautam, Adv. Mr. Kumar Ranjit Ranjan, APP. 2 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2022.

Altogether 24 litres of country made liquor has been recovered from the hutnuma house of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner, rather the alleged illicit liquor has been recovered from a hut, which is situated in an open field. Petitioner has no concern either with the seized Patna High Court CR. MISC. No.65919 of 2024(2) dt.03-10-2024 liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. He has been made accused in the present case merely on suspicion. His name has been transpired in the present case due to enmity with Chowkidar Mantosh Mahto. The alleged hut, from where recovery has been made, does not belong to the petitioner. It is further submitted that the petitioner was not apprehended on the spot. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in account of Mahavir Cancer Sansthan, Patna bearing Account No. 3332964762, IFSC Code: [REDACTED], MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Teghra P.S. Case No. 236 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, Patna High Court CR. MISC. No.65919 of 2024(2) dt.03-10-2024 subject to the further conditions that (1) 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. He will also undertake to inform the Court if there is any change in the address of the petitioner. (2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T