Shambhu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13370 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- MEHSI District- East Champaran ====================================================== 1.
Shambhu Chaudhary, S/o Jatta Chaudhary @ Jatu Chaudhary @ Mahendra Chaudhary R/O Vill - Kasba Mehsi, P.S. - Mehsi, Distt. - East Champaran. 2.
Munna Chaudhary, S/o Jatta Chaudhary @ Jatu Chaudhary @ Mahendra Chaudhary R/O Vill - Kasba Mehsi, P.S. - Mehsi, Distt. - East Champaran. 3.
Suresh Chaudhary, S/o Jatta Chaudhary @ Jatu Chaudhary @ Mahendra Chaudhary R/O Vill - Kasba Mehsi, P.S. - Mehsi, Distt. - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Sinha, Adv.
For the State :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 10 liters of liquor along with 400 liters of half cooked jaggery solution from a terrace behind the house of Sambhu Chaudhary.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.13370 of 2024(2) dt.06-03-2024 2/2 petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and even the alleged recovery is from a place, which does not belong to the petitioners but then since the recovery was made from a place which was adjacent to the house of Sambhu Chaudhary, hence the petitioners have been implicated at the instance of Chaukidar with whom they are on an inimical term.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mehsi P.S. Case No. 6 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Arish/- U T