Chandeshwar Chaupal @ Chande Chaupal @ Chandrash Chapol v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8432 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- MADHEPUR District- Madhubani ====================================================== Chandeshwar Chaupal @ Chande Chaupal @ Chandrash Chapol Son of- Late Manik Chaupal, Resident of village-Sikariya, P.S. Madhepur, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2019 Heard both sides.

The petitioner apprehends his arrest in Madhepur P.S. Case No.101 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

The police intercepted a motorcyclist, who was carrying liquor. The apprehended accused disclosed his name as Dilkhush Jha and he also disclosed the name of another person, who managed to flee away as Jitan Mandal. He disclosed that the liquor was also kept in the house of Mahendra Chaupal. On such disclosure, the house of Mahendra Chaupal was searched and a huge quantity of liquor was recovered. Mahendra Chaupal is said to have disclosed that the petitioner Chandeshwar

Patna High Court Cr.Misc. No.8432 of 2019(2) dt.13-02-2019 2/2 Chaupal kept the liquor in his house.

Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner, rather the liquor was recovered from the house of Mahendra Chaupal and the disclosure of Mahendra Chaupal was made only to save his own skin.

Having considered the facts aforesaid, the above named petitioner, in the event of his 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, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Madhepur P.S. Case No.101 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