Patna High CourtCR. MISC./74386/2018allowed

Vijay Chaudhary And ORS v. The State Of Bihar

2018-12-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74386 of 2018 Arising Out of PS. Case No.-308 Year-2018 Thana- KONCH District- Gaya ======================================================

1. Vijay Chaudhary, Son of Late Mahgu Chaudhary.

2. Jhalo Devi @ Jhala Devi @ Jhalu Devi, W/o Late Sanjay Chaudhary.

3. Gita Devi, W/o Late Vinay Chaudary.

4. Vinod Chaudhary, Son of Mundar Chaudhary.

5. Mundar Chaudhary, Son of Bukhu Chaudhary.

All are Resident of Village- Dhibari, Police Station-Konch, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in connection with Konch P.S. Case No. 308 of 2018 for the offence under Section 30(D) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. He submits that the name of the petitioners have been surfaced in the instant case at the instance of local police with conspiracy of some interested persons of the village. He submits that the petitioners are not involved in manufacturing of illegal Mahua wine.

Patna High Court Cr.Misc. No.74386 of 2018(2) dt.18-12-2018 2/2 Considering the fact that the petitioners have got no criminal antecedent and nothing was recovered from the house of the petitioners, the petitioners named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Spl. Judge, Excise, Gaya in connection with Konch P.S. Case No. 308 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) uday/- U T