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Patna High CourtCR. MISC./24366/2023allowed

Pappu Choudhary v. The State Of Bihar

2023-07-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24366 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- AZIMABAD District- Bhojpur ====================================================== 1.

Pappu Choudhary Son Of Rajmohan Choudhary R/O Village- Bargawa Mathtola, P.S.- Azimabad, District- Bhojpur 2.

Raghubir @ Male Choudhary Son Of Baban Choudhary R/O VillageBargawa Mathtola, P.S.- Azimabad, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable Section 30 (a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 22 liters of country made liquor is said to have been recovered from the place of occurrence. He submits that the local Chowkidar disclosed the name of the petitioners. Petitioners have no concern either with the seized liquor or the

Patna High Court CR. MISC. No.24366 of 2023(2) dt.07-07-2023 2/3 place of recovery or any trade of liquor. Petitioners have no criminal antecedent as mentioned in para-3 of this application. However, petitioners are agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Azimabad P.S. Case No. 12 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.24366 of 2023(2) dt.07-07-2023 3/3 The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) devendra/- U T