Patna High CourtCR. MISC./27169/2016bail granted

Anant Chaudhary And ANR v. The State Of Bihar

2016-08-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27169 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -SAHAR District- BHOJPUR ======================================================

1. Anant Chaudhary S/o Ram Iswar Chaudhary

2. Jawahar Chaudhary S/o Ramnandan Chaudhary, Both are Resident of vill. - Hanuman Chhapara, P.S. Sahar, Distt. Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 272, 273, 290/34 of the I.P.C. and Section 47 of the Bihar Excise Amendment Act, 2016.

The prosecution story, in brief, is that on 25.4.2016 the informant, who is A.S.I. of Sahar Police Station, got confidential information that the petitioner Anant Chaudhary used to manufacture illicit liquor in his house and on that information he along with other police personnel went to the place of occurrence and raided the house, then the petitioners tried to flee away but the police apprehended them and recovered 60 liters of illicit liquor and 500 liters semi prepared mahua liquor.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.27169 of 2016 (3) dt.30-08-2016 2/2 the petitioners are in custody since 26.4.2016 and the charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. They have already remained in custody for more than four months. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners above named 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 C.J.M., Bhojpur at Ara in connection with Sahar P.S. case No.35 of 2016. (Sudhir Singh, J) Narendra/- U T