Deepak Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51125 of 2016 Arising Out of PS.Case No. -284 Year- 2016 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Deepak Choudhary, S/o Budhan Choudhary, Resident of Purani Bazar, P.S.- Bakhtiarpur, District- Saharsa.

2. Naresh Alias Chhotelal Choudhary, S/o Asharfi Choudhary, Resident of Purani Bazar, P.S.- Bakhtiarpur, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 47(a) and 53 of the Bihar Excise (Amendment) Act, 2016.

Allegation is that 20 kgs jawa mahua and gur has been recovered from the house of petitioner No.1 and 20 kgs mahua has been recovered from the joint house of accused Asharfi Choudhary and his son Chhotelal Choudhary i.e. petitioner No.2. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.51125 of 2016 (2) dt.02-12-2016 2/2 petitioners. It is alleged that 20 kgs Mahua is said to have been recovered. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiarpur P.S. case No.284 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T