Patna High CourtCR. MISC./61820/2018bail granted

Gore Chaudhary And ANR v. The State Of Bihar

2018-10-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61820 of 2018 Arising Out of PS. Case No.-260 Year-2018 Thana- FATEHPUR District- Gaya ======================================================

1. Gore Chaudhary, S/o Srichandra Chaudhary,

2. Jattha Chaudhary @ Jatha Chaudhary, S/o Late Dhaneshar Chaudhary, Both R/o Vill.- Channa, P.S.- Fatehpur, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the parties.

The petitioners seek bail in Fatehpur Police Station Case No. 260 of 2018, registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioners have no criminal antecedents as averred in paragraph 3 of the application. It is alleged that from their possession 30 litres of country-made liquor was recovered. Learned counsel appearing on behalf of the petitioners has contended that the petitioners have been wrongly implicated. The petitioners is in custody since 29.08.2018. He further submits that if they have again implicated in similar type of offence, the Court may consider the cancellation of their bail,

Patna High Court Cr.Misc. No.61820 of 2018(2) dt.06-10-2018 2/2 if allowed in the present case.

Considering the above submissions, this application is allowed.

Let the petitioners, Gore Chaudhary and Jattha Chaudhary alias Jatha 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 the Special Judge (Excise) Gaya in Fatehpur Police Station Case No. 260 of 2018.

(Chakradhari Sharan Singh, J) Ashish/- U