Lakshmi Choudhary And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.31813 of 2014 (2) dt.05-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31813 of 2014 Arising Out of PS.Case No. -136 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictSARAN ======================================================

1. Lakshmi Choudhary,

2. Dina Nath Choudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary For the Opposite Party/s : Mr. Umeshanand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section 47(a) of the Excise Act.

It is alleged that from a hutment, 200 meters away from the residential area, 4000 kg. of fermented Mahua were found but the same could not be collected but fifty liters of illicit liquor were recovered.

It is submitted by learned counsel for the petitioners that the place in question does not belong to the petitioners and the seizure was made on 23.12.2013 but the prosecution report was transmitted to the court of the learned C.J.M. on 30.1.2014. Considering the delayed receipt of prosecution report before the

Patna High Court Cr.Misc. No.31813 of 2014 (2) dt.05-02-2015 learned court below, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Excise Case No. 136 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T