Shambhu Nath Chaudhary @ Shambhu Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9291 of 2018 Arising Out of PS. Case No.-1636 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ======================================================
1. SHAMBHU NATH CHAUDHARY @ SHAMBHU CHAUDHARY, son of Jagmohan Chaudhary
2. Bajrangi Chaudhary @ Bajrangai @ Bajranji Kumar, son of Shambhu Nath Chaudhary Both resident of village Karwandiya, P.s.- Sasaram, (M), District- Rohtas (Bihar) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Tiwary For the Opposite Party/s :
Mr. PRANAV KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seeks bail in a case instituted for the offences under Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 107 liters wine is recovered.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 05.11.2017 and have got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 107
Patna High Court Cr.Misc. No.9291 of 2018(2) dt.17-02-2018 2/2 liters wine is recovered from the joint house of the petitioners where the other family members also reside. Petitioners had no knowledge regarding the liquor kept in the said house. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released 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 Additional District & Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 1636 of 2017.
(Sudhir Singh, J) Pankaj/- U T