Chandan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78729 of 2018 Arising Out of PS. Case No.-490 Year-2018 Thana- BAKHTIYARPUR District- Patna ======================================================

1. Chandan Kumar, S/o Ashok Kumar Singh,

2. Kaju Kumar, S/o Ashok Sah, Both are resident of Naya Tola Madhopur Bakhtiyarpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.N.K.Agrawal, Sr.Advocate with Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s :

Mr.Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 Petitioners apprehend their arrest in connection with Special Case No. 9171 of 2018, arising out of Bakhtiyarpur P.S. Case No. 490 of 2018 registered for the offences punishable under Sections 30(a) (c), 34, 36 of Bihar Prohibition and Excise Act, 2016 and Sections 25(1-B)(a), 35 and 36 of the Arms Act. Allegation is of recovery of 775 litres of liquor from the poultry firm of co-accused Uday Rai and petitioners were seen fleeing from the place of occurrence.

Submission of learned counsel for the petitioners is that nothing has been recovered from their possession and poultry firm is not of the petitioners and they have no criminal antecedent.

Heard learned APP also.

Patna High Court Cr.Misc. No.78729 of 2018(2) dt.10-01-2019 2/2 Having heard both sides and in the facts and circumstances, let petitioners, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Patna, in connection with Special Case No. 9171 of 2018, arising out of Bakhtiyarpur P.S. Case No. 490 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T