Sarvjit Chouhan @ Sarvjit Kumar Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25629 of 2020 Arising Out of PS. Case No.-235 Year-2019 Thana- RAJPUR District- Buxar ====================================================== 1.

SARVJIT CHOUHAN @ SARVJIT KUMAR CHOUHAN 2.

Satendra Chouhan Both sons of Ramashakar Chouhan @ Ramashankar Singh Choudhari Resident of Village- Karaila (Kaela), P.S.- Rajpur, DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha, Adv.

For the Opposite Party/s :

Mr.B.N.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2020 Heard both sides through Video Conferencing.

The petitioners apprehend their arrest in Rajpur P.S. Case No.235 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The police raided the flour mill of Ramashankar Chouhan and seized 18.9 litres of foreign liquor. The police arrested Ramashankar Chouhan and his one son namely, Vinay Chouhan who were present inside the flour mill. The learned counsel for the petitioners submits that petitioners are also sons of Ramashankar Chouhan and they were not present in the flour mill. For the recovery of 18.9 litres foreign liquor, the father and one brother of the petitioners were

Patna High Court CR. MISC. No.25629 of 2020(2) dt.15-10-2020 2/2 apprehended and the petitioners have also been named in the F.I.R. The petitioners were living outside their village. Taking into consideration the facts aforesaid and nature of allegation made against the petitioners and the fact that at the time of recovery of 18.9 litres of foreign liquor, the father and one brother who were present inside the flour mill were apprehended, let the petitioners, above named, in the event of their arrest or surrender within a period of four weeks 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 the learned A.D.J. II-cum-Special Judge, Excise, Buxar in connection with Rajpur P.S. Case No.235 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T