Radheshyam Choudhary @ Patang Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26571 of 2023 Arising Out of PS. Case No.-791 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

RADHESHYAM CHOUDHARY @ PATANG CHOUDHARY Son of Late Jay Govind Choudhary @ Jay Govind Chaudhary R/o Village - Daulatpur Deoriya, P.S.- Hajipur Sadar, Dist.- Vaishali 2.

Awadhesh Choudhary Son of Late Jay Govind Choudhary @ Jay Govind Chaudhary R/o Village - Daulatpur Deoriya, P.S.- Hajipur Sadar, Dist.- Vaishali 3.

Sanjay Choudhary Son of Krishna Choudhary R/o Village - Daulatpur Deoriya, P.S.- Hajipur Sadar, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 30(a)/36/41(i) of the Bihar Prohibition and Excise Act.

3. It is a case of recovery of about 4791.24 liters of foreign made liquor.

4. It is submitted that no incriminating material has been recovered from the conscious possession of the petitioners and they are no way connected with the aforesaid recovery.

Patna High Court CR. MISC. No.26571 of 2023(2) dt.14-07-2023 2/2 Petitioners are neither drivers nor owners of the vehicle in question and they have been made accused only on suspicion. Petitioners got clean antecedent.

5. Considering the aforesaid facts and circumstances, let the above named petitioners in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 1-cumAdditional District & Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P. S. Case No. 791 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T