Dharmendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6277 of 2022 Arising Out of PS. Case No.-450 Year-2021 Thana- MASAUDHI District- Patna ====================================================== 1.

DHARMENDRA CHOUDHARY Son of Mahendra Choudhary Resident of Village- Daudpur, Sangatpar, P.S.- Masaurhi, Dist- Patna. 2.

Ravi Choudhary S/o Dharmendra Choudhary Resident of Village- Daudpur, Sangatpar, P.S.- Masaurhi, Dist- Patna.

3.

Rahul Choudhary Son of Raju Choudhary Resident of Village- Daudpur, Sangatpar, P.S.- Masaurhi, Dist- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-07-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioners rather 11.250 litres of foreign liquor has been recovered from the Dalan of the petitioners. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. Petitioners are agree to deposit a sum of Rs. 10,000/-

Patna High Court CR. MISC. No.6277 of 2022(2) dt.08-07-2022 2/2 (rupees ten thousand) each in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Masaurhi P.S. Case No.450 of 2021 (Spl. Case No.5310/2021), subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. The bail bond of the petitioners shall be accepted by the learned court below on showing receipt of the aforesaid amount deposited by each petitioners in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Sanjay/- U T