Brajmohan Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45201 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- PAKRIDAYAL District- East Champaran ======================================================
1. Brajmohan Chaudhary son o Methur Chaudhary
2. Shambhu Mahto @ Shambhu Chaudhary son of late Chaturi Chaudhary
3. Dhalo Chaudhary son of Dahaur Chaudhary
4. Chandan Kumar @ Navjit Kumar son of Kismohan Chaudhary, all residents of village Bokane Kala, P.S. Patahi, District East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 272, 273, 353 of the I.P.C. and Sections 30, 34, 38 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 135 liters wine is recovered.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has transpired as the alleged recovery is made from the joint house of the petitioners where the other family members also reside. Except for this, there is no other substantive evidence to
Patna High Court Cr.Misc. No.45201 of 2018(2) dt.25-07-2018 2/2 suggest the implication of the petitioners in this case. It is alleged that 135 liters wine is recovered from the joint house of the petitioners. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. 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) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran in connection with Pakaridayal P.S. case No.89 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T