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Patna High CourtCR. MISC./5362/2019bail granted

Roushan Chouhan @ Roushan And ANR v. The State Of Bihar

2019-01-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5362 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- RAJPUR District- Buxar ======================================================

1. Roushan Chouhan @ Roushan son of Awadhesh Chauhan, Resident of Village-Tilakara , P.S.- Rajpur, Dist.- Buxar.

2. Ravi Chouhan @ Raju Chouhan @ Raju son of Awadhesh Chauhan, Resident of Village-Tilakara, P.S.- Rajpur, Dist.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-01-2019 Heard both sides.

The petitioners apprehend their arrest in Rajpur P.S. Case No.216 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant having received secret information about transportation of illicit liquor constituted a team and raided the place. A plastic bag containing 37.8 litres liquor was recovered from PCC Road.

Learned counsel for the petitioners submits that the villagers disclosed the names of the petitioners. Neither the petitioners were apprehended on the spot nor liquor was recovered from the possession of the petitioners. Having considered the fact and the nature of

Patna High Court Cr.Misc. No.5362 of 2019(2) dt.31-01-2019 2/2 allegation made against the petitioners and the fact that neither the petitioners were apprehended on the spot nor illicit liquor was recovered from their possession, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum-Special Judge, Excise Act, Buxar in connection with Rajpur P.S. Case No.216 of 2018 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U