Bhulla Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3037 of 2020 Arising Out of PS. Case No.-227 Year-2019 Thana- SALIMPUR District- Patna ====================================================== 1.

Bhulla Chaudhary, agd about 32 years, Male, Son of Shyamji Chaudhary, R/O - Devar Shaukhi, P.S.- Fathua, District- Patna 2.

Bhuneshwar Singh @ Bhuneshwar Chaudhary, Son of Jaipati Singh, aged about 40 years, Male, R/O- Sammatpur, P.S.- Salimpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar, Advocate For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Salimpur P.S. Case No. 227 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 333, 353, 307, 504 of the Indian Penal Code and Sections 30(a)/32(1)(2)(3)/41(1)/45 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that there is recovery of 7 liters of country made Mahua wine from nearby Pakar and Taar tree. Learned counsel for the petitioners further submits that there is no overt act against the petitioners.

Patna High Court CR. MISC. No.3037 of 2020(2) dt.28-02-2020 2/2 Learned counsel for the petitioners further submits that there is no recovery from the conscious possession of the petitioners and the petitioners have got no criminal antecedent. In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to deposit of Rs.3,000/- (three thousand) in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release him on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Salimpur P.S. Case No.227 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T