Lagan Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62431 of 2017 Arising Out of PS.Case No. -561 Year- 2017 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Lagan Chaudhary, Son of Late Dharam Chaudhary.

2. Munna Choudhary, Son of Lagan Chaudhary, Both resident of Village- Chhota Telpa, P.S.- Chapra Town, District- Saran at Chapra (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Chapra Town P.S. Case No. 561 of 2017 instituted for the offence under Sections 30(A) and 37(B) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioners has submitted that three persons were apprehended by the police and they disclosed the name of these petitioners.

The seizure list has been enclosed with the First Information Report which does not bear signature either of these petitioners or any of his family members. As such, there is no

Patna High Court Cr.Misc. No.62431 of 2017 (2) dt.21-12-2017 2/2 recovery of any foreign liquor from conscious possession of these petitioners.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Chapra Town P.S. Case No. 561 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VIth cum Special Judge, Saran at Chapra, subject to the conditions as laid down under Section 438

(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and

(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T