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Patna High CourtCR. MISC./13287/2019allowed

Bipin Choudhary And ANR. v. The State Of Bihar

2019-03-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13287 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Bipin Choudhary, Son of Krishna Choudhary, Resident of VillageMohiuddinpur, P.S.-Warisaliganj, District-Nawada. 2.

Sachin Choudhary Son of Krishna Choudhary Resident of VillageMohiuddinpur, P.S.-Warisaliganj, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Warisaliganj P.S. Case No. 26 of 2019 dated 24.01.2019 instituted for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

15 litres of liquor is said to have been recovered from a bush on a government land. The name of the petitioner has been taken in the FIR only on the hearsay information of the officer-in-charge of the concerned police station.

For the absence of any recovery from possession/constructive possession of the petitioners and

Patna High Court CR. MISC. No.13287 of 2019(2) dt.06-03-2019 2/2 his being a persons of clean antecedent, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Nawada in connection with Warisaliganj P.S. Case No. 26 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T