Krishna Choudhary @ Kishan Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51464 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Krishna Choudhary @ Kishan Choudhary, S/o Satyabir Choudhary, R/o Village- Bamdolir, P.S.- Bahadurganj, District- Jhajhar (Hariyana).

2. Ajmer Jath @ Ajmer Jatt S/o Randhir Singh, R/o Village- Bath, P.S.- Sonipat, District- Sonipat (Hariyana).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in connection with Hasanpur P.S. Case No. 120/17 for offences punishable under Sections 30(a)/47 of the Bihar Excise (Amendment) Act, 2016.

The prosecution case, as lodged by the police personnel, is that during patrolling duty, Maruti Suzuki and Hundai Verna cars were stopped and inspected. Some persons managed to flee away while three persons including the petitioners were apprehended. Petitioners were drivers of the said vehicles. From the vehicle driven by petitioner no. 1, 65.25 litres of foreign liquor and from the vehicle driven by petitioner no. 2, 160 litres of

Patna High Court Cr.Misc. No.51464 of 2017 (2) dt.08-11-2017 2/3 foreign liquor was recovered. Accordingly, seizure-list was prepared.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and were neither owners nor passengers of the vehicle and were just drivers of the car on daily basis. He submits that the petitioners are languishing in judicial custody since 13.08.2017. However, learned APP for the State opposes the prayer for bail stating therein that the huge quantity of illicit foreign liquor was recovered from the vehicle driven by the petitioners. Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged 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 Addl. Sessions Judge-2nd, Samastipur, in connection with Hasanpur P.S. Case No. 120/17, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioners having sufficient immovable property, who will file an affidavit stating his relationship with the petitioners.

(ii) If the petitioners indulge in an offence of similar nature

Patna High Court Cr.Misc. No.51464 of 2017 (2) dt.08-11-2017 3/3 in future, the prosecution will be at liberty to move the learned court below for cancellation of their bail bonds. (Nilu Agrawal, J) Rajesh/- U T