Guddu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29309 of 2020 Arising Out of PS. Case No.-46 Year-2020 Thana- SIRDALA District- Nawada ====================================================== 1.

GUDDU CHAUDHARY S/o Yugal Chaudhary Resident of VillageChamotha, P.S.-Sirdala, District-Nawada. 2.

Raju Chaudhary S/o Yugal Chaudhary Resident of Village-Chamotha, P.S.- Sirdala, District-Nawada.

3.

Mithlesh Rajvanshi @ Langra S/o Late Bandhu Rajvanshi Resident of Village-Aamjhari Rajvanshi Tola, P.S.-Sirdala, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Sirdala P.S. Case No. 46 of 2020, registered for the offence punishable under Section 30(a)/41(i) of the Bihar Prohibition and Excise Act, 2016.

3100 litres of fermented Mahua is said to have been recovered from Furnace (Bhatti) situated in an open field.

Patna High Court CR. MISC. No.29309 of 2020(2) dt.09-12-2020 2/2 It is submitted that petitioners have falsely been implicated in this case. Nothing has been recovered from conscious possession of these petitioners. This false case has been lodged at the instance of local Chowkidar. The said Furnace (Bhatti) does not belong to these petitioners. Petitioners have got clean antecedent, as stated in para 3 of the petition. Considering the facts aforesaid, the petitioners abovenamed in the event of their arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Additional District and Sessions Judge II-cum-Special Judge, Excise, Nawada in connection with Sirdala P.S. Case No. 46 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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