Gulshan Chaudhary @ Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27197 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- BACHHWARA District- Begusarai ====================================================== 1.

GULSHAN CHAUDHARY @ GULSHAN KUMAR 2.

Saurabh Kumar, Both Sons of Rajesh Chaudhury @ Rajesh Kumar Chaudhury Both resident of Village - Bachhwara, P.S.- Bachhwara, Distt.- Begusarai (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-11-2021 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 188 and 120B of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, information was received about the petitioner no.1 having stored liquor in the latrine adjoining his house. On a raid, 262.08 litres of IMFL was recovered and the petitioners were arrested.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their possession. They have been falsely implicated in the case. They

Patna High Court CR. MISC. No.27197 of 2021(2) dt.30-11-2021 2/2 are in custody since 9.1.2021 and have no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioners not having any criminal antecedent, the Court directs the two petitioners to be enlarged on bail in connection with Bachhwara P.S. Case no.12 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai.

(Partha Sarthy, J) Saurabh/- U T