Lalbahadur Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15562 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Lalbahadur Chauhan S/o Kishori Chauhan Resident of Village- Govindpur, Beldariya, P.S.- Noor Sarai, Distt- Nalanda.

2.

Amirak Chauhan @ Amirak Kumar S/o Swarath Chauhan Resident of Village- Govindpur, Beldariya, P.S.- Noor Sarai, Distt- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-06-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From the house of the petitioners country-made liquor was recovered though no one was there at the time of search.

Learned counsel for the petitioners submits that petitioners have got no criminal antecedent and certificate of the

Patna High Court CR. MISC. No.15562 of 2020(3) dt.22-06-2020 2/2 Ward Member at Annexure-2 would show that the petitioners are doing the job of labour in the State of Haryana and their house is occupied by no one. Moreover, one of the petitioners is handicapped.

Considering the fact that there is no direct material to substantiate the involvement of the petitioners in the act alleged, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Noorsarai Police Station Case No.26 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

The petitioners shall not leave the country without permission of the trial Court.

Mkr./- (Birendra Kumar, J) U T