Ranjan Choudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9179 of 2018 Arising out of PS. Case No.-654 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== 1.Ranjan Choudhary
2. Sanjay Choudhary Both are son of Late Kishori Choudhary, resident of village-Newtardih Bhagalpur, P.S. Bodh Gaya, District-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishwa Ranjan Choudhary For the Opposite Party/s :
Mr. MANOJ KUMAR - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Bodh Gaya P.S. Case No. 654 of 2017 registered for the offence punishable under Section 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 15 litres each from the house of the petitioner herein.
The learned counsel for the petitioners submits that the recovery has not been effected from the person of the petitioners herein and the petitioners are having a clean antecedent. It is further submitted that the provisions of Section 100 Cr.P.C. has not been followed while preparing the seizure list.
Patna High Court Cr.Misc. No.9179 of 2018(2) dt.27-02-2018 2/2 Considering the nature of accusation and the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Bodhgaya P.S. Case No. 654 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T