Rajesh Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55307 of 2017 Arising Out of PS. Case No.-272 Year-2017 Thana- GAUTAMBUDHNAGAR DistrictSiwan ======================================================

1. Rajesh Chaudhary, son of Late Lakshu Chaudhary

2. Bigu Chaudhary, son of Late Anarjeet Chaudhary @ Amarjeet Chaudhary Both residents of village- Shahganj, Police Station-G.B.Nagar, District-Siwan ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-11-2017 Heard Sri Bijay Prakash Singh, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, who are in custody since 18.09.2017 in G.B.Nagar P.S. Case No.272 of 2017 registered for the offence under Sections 272, 273,308 of the Indian Penal Code and Section 34,36,38 of the Bihar Prohibition and Excise Act,2016, have prayed for grant of bail.

Both petitioners are in custody since 18.09.2017 on allegation of recovery of small quantity of Mahua liquor. At the time of seizure, the petitioner was not available and the seizure was not done in accordance with provision of Section 100 of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.55307 of 2017(2) dt.16-11-2017 2/2 Considering the nature of accusation and period of custody, let both the aforesaid petitioners, namely, (I) Rajesh Chaudhary and (ii) Bigu Chaudhary be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum- Special Judge, Siwan in connection with G.B.Nagar P.S. Case No.272 of 2017.

(Rakesh Kumar, J) nawalkrs/- U T