Patna High CourtCR. MISC./55135/2018bail granted

Hardeo Chaudhary And ANR v. The State Of Bihar

2018-10-06Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55135 of 2018 Arising Out of PS. Case No.-219 Year-2018 Thana- MAIRWAN District- Siwan ======================================================

1. Hardeo Chaudhary, S/o Dinanath Chaudahry,

2. Manish Kumar Singh, S/o Rambalak Singh, Both R/o Vill.- Pukhrera, P.S.- Mairwa, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case registered for offence punishable under Sections 272, 273 308/34 of the Indian Penal Code and 30, 38 and 41 of Bihar Excise and Prohibition Act, 2016.

It is contended that, as per allegation, 34.560 liters of foreign liquor was recovered by the side of road which was alleged to be thrown by the petitioners. It is contended that nothing has been recovered from the conscious possession of the petitioners. The petitioners were arrested merely on suspicion as they were going through the road. It is urged that the petitioners are in custody since 16.06.2018. It is claimed that their antecedents are clean.

Patna High Court Cr.Misc. No.55135 of 2018(2) dt.06-10-2018 2/2 Considering the facts and circumstances of the case, the petitioners, above-named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Mairwa P.S. Case No. 219/2018 with a condition that if the petitioners, after their release in this case, are again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of their bail bonds.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioners. If they are having clean antecedent then their bail bond would be accepted. If they are found to be involved in any other case before filing of this application, i.e., 20.08.2018 then he would not be released.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T