Patna High CourtCR. MISC./15273/2017allowed

Hira Chaudhary @ Tuna Chaudhary And ANR v. The State Of Bihar

2017-06-06Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.15273 of 2017 (2) dt.06-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15273 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -SIRDALA District- NAWADA ======================================================

1. Hira Chaudhary @ Tuna Chaudhary, Son of Parmeshwar Chaudhary,

2. Akhilesh Chaudhary, son of Basudeo Chaudhary, Both are resident of village - Jandhaul, Police Station - Sirdala in the district of Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar, Adv. For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-06-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sirdala Police Station Case No. 05 of 2017, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioners nor they have any concern with the alleged recovery. Moreover, five co-accused, having more or less similar allegations have already been granted anticipatory bail by a co-ordinate Bench of this

Patna High Court Cr.Misc. No.15273 of 2017 (2) dt.06-06-2017 Court in Cr. Misc. No. 9014 of 2017. Hence, the petitioners also deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 Additional Chief Judicial Magistrate-IV, Nawada, in connection with Sirdala Police Station Case No. 05 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T