Sunil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33105 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

SUNIL CHAUDHARY Son of Jagdish Chaudhary Resident of village - Indauli, P.S. - Maharajganj, Distt. - Siwan 2.

ANIL CHAUDHARY Son of Jagdish Chaudhary Resident of village - Indauli, P.S. - Maharajganj, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 45 litres of liquor from a gallon in Pasi Tola. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and they came to

Patna High Court CR. MISC. No.33105 of 2023(2) dt.25-05-2023 2/2 be implicated at the instance of villagers but then FIR does not record the name of the villagers who disclosed the name of the petitioners which creates doubt with regard to the veracity of the allegations as alleged in the FIR when admittedly the petitioners are persons with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Maharajganj P.S. Case No. 75 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T