Lalbabu Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36602 of 2016 Arising Out of PS.Case No. -104 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Lalbabu Chaudhary, son of Late Bindeshwari Chaudhary.
2. Umesh Chaudhary, son of Late Paramhans Chaudhary. Both of resident of Village- Shitalpur, Police Station- Chakia, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Chakia P.S. Case No. 104 of 2016 registered under Sections 272, 273 and 290 of the I.P.C. and section 47(a) of the Excise Act. The accusation is of recovery of 76 litre and 61.30 litre toddy from the Toddy Shops of the petitioners situated in the field where four persons apprehended who had come for taking toddy and disclosed the name of petitioners as owner of both toddy shops.
Learned counsel appearing on behalf of the petitioners submits that in fact, neither the petitioners were
Patna High Court Cr.Misc. No.36602 of 2016 (2) dt.16-09-2016 2/2 apprehended with the toddy nor the toddy was recovered from their houses as alleged toddy is said to recovered from two toddy shops situated in the field.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of his arrest or surrender by him within six weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-I, East Champaran (Motihari) in connection with Chakia P.S. Case No. 104 of 2016, subject to the conditions laid down under Section 438(2) Cr. P.C.
(Rajendra Kumar Mishra, J) Shail/- U T