Dyanand Choudhary @ Dyanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32154 of 2020 Arising Out of PS. Case No.-143 Year-2020 Thana- PALASI District- Araria ====================================================== 1.

Dyanand Choudhary @ Dyanand Yadav, Son of Shivnarayan Yadav, Resident of Village- Baradbada, P.S.- Palasi, District- Araria. 2.

Amar Choudhary @ Amar Kumar Choudhary, Son of Vijay Choudhary, Resident of Village- Hasanpur, P.S.- Palasi, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar, Advocate.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Special Case No.417 of 2020 arising out of Palasi P.S. Case No. 143 of 2020, registered under Section 30(a) of the Bihar Excise Act.

The accusation is that on receiving secret

Patna High Court CR. MISC. No.32154 of 2020(2) dt.04-03-2021 2/3 information about carrying the bottles of cough syrup by four persons named in the FIR including the petitioners, unloading from Alto Car and keeping the same in water behind the house of Arun Mandal, the informant along with other police personnel reached there then saw that at the door of Arun Mandal, a Alto Car was parked. On search in the ditch filled up with water behind the house of Arun Mandal, 1240 bottles each containing 100 ml Eskuf syrup recovered.

Learned counsel appearing for the petitioners submits that 1240 bottles of the cough syrup are said to be recovered from the ditch filled up with water behind the house of co-accused, Arun Mandal but the petitioners have falsely been implicated in the present case. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Spl. Judge, Araria, in connection with Special Case No.417 of 2020 arising out of Palasi P.S. Case No.

Patna High Court CR. MISC. No.32154 of 2020(2) dt.04-03-2021 3/3 143 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T