Vijay Kumar Chaudhary @ Bijay Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36102 of 2023 Arising Out of PS. Case No.-263 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
VIJAY KUMAR CHAUDHARY @ BIJAY KUMAR CHAUDHARY S/O SANJEET KUMAR CHAUDHARY @ SANJEET CHAUDHARY R/O Village. Daulatpur Dewariya, PS. Hajipur Sadar, Dist. Vaishali 2.
BIJESH KUMAR CHAUDHARY @ VIJESH KUMAR CHAUDHARY S/O SANJEET KUMAR CHAUDHARY @ SANJEET CHAUDHARY R/O Village. Daulatpur Dewariya, PS. Hajipur Sadar, Dist. Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Mishra, Advocate For the Opposite Party/s :
Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2023 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 147, 148, 149, 341, 323, 354 and 307 of the Indian Penal Code and under Section 30(a) and 45 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 50 liters of liquor from the houses of Raj Kumar Choudhary.
Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.36102 of 2023(2) dt.22-06-2023 2/3 the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession, it is next submitted that allegation against the petitioners and others is that they tried to free the apprehended accused from the custody of the police and even pelted stones. Learned counsel for the petitioners submits that it absolutely does not stand to reason that how the names of the petitioners transpired. It is further submitted that petitioners came to be implicated at the behest of the Chowkidar with whom they are on an inimical term, when admittedly they 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 trial court 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 trial court where the case is pending/successor court in connection
Patna High Court CR. MISC. No.36102 of 2023(2) dt.22-06-2023 3/3 with Hajipur Sadar P.S. Case No. 263 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T