Gorakh Choudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63140 of 2018 Arising Out of PS. Case No.-430 Year-2018 Thana- KOTWALI District- Patna ======================================================
1. Gorakh Choudhary, Son of late Karu Choudhary, Resident of Mohalla- Jakkanpur, P.S. Jakkanpur, District- Patna.
2. Jitendra Sao, Son of Tileshwar Sao, resident of Near Bus Stand, Ram Krishna Nagar, P.S. Jakkanpur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyank Deepak For the Opposite Party/s :
Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-11-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a)(g), 34(b), 37(a)(b)(d), 38(i)(ii), 41(i) of the Bihar Prohibition and Excise Act, 2016.
Submission is that name of the petitioners surfaced in the confessional statement of co-accused Sahdeo Pandey and Gorakh Choudhary. Petitioners have stated on oath that they have got no criminal antecedent and nothing was recovered from possession of the petitioners nor they have concern with the recovered liquor.
Patna High Court Cr.Misc. No.63140 of 2018(2) dt.29-11-2018 2/2 Considering the aforesaid fact, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kotwali Police Station Case No. 430 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J) Kundan/Rajan U T