Ajay Chouhan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23050 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -TANDWA District- AURANGABAD ======================================================

1. Ajay Chouhan, Son of Pancham Chouhan.

2. Nanhak Choudhary, Son of Laxman Choudhary,

3. Awadhesh Rajwar @ Awadhesh Raj Bansi, Son of Lakhan Rajwar. All resident of Gamharia Tola, Suryapur, P.S.- Tandwa, DistrictAurangabad. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Pandey For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

13-07-2017 Heard Sri Santosh Kumar Pandey, learned counsel for the petitioner and learned Addl. Public Prosecutor. Three petitioners, apprehending their arrest in Tandwa P.S. Case No. 2 of 2017 registered for offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of anticipatory bail, on the plea that neither anything was recovered from conscious possession of the petitioners nor from the premises of the petitioners.

According to learned counsel for petitioners, huge quantity of Mahua liquor was recovered from the orchard of one Laxman Choudhary, whereas, the owner of the said orchard (Laxman Choudhary) was not made accused and petitioners were

Patna High Court Cr.Misc. No.23050 of 2017 (3) dt.13-07-2017 2/2 made accused, as if the petitioners had fled away after noticing the police.

Considering the facts and circumstances as well as nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let aforesaid three petitioners namely 1. Ajay Chouhan, 2. Nanhak Choudhary and 3. Awadhesh Rajwar @ Awadhesh Raj Bansi be enlarged 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 - VII, Aurangabad in connection with Tandwa P.S. Case No. 2 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) Anay U T