Dashrath Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44715 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== 1.

DASHRATH CHAUDHARY Son of Late Suggi Chaudhary @ Shyamlal Chaudhary, 2.

Shailendra Chaudhary @ Salendra Chaudhary Son of Dashrath Chaudhary 3.

Rinku Chaudhary Son of Dashrath Chaudhary All are resident of Village - Khiriyawan (Kumhar Toli), P.S.- Magadh Medical, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anmol Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Magadh Medical P.S. Case No. 79 of 2019 registered for offence punishable under section 30 (a) (d) of the Bihar Prohibition & Excise Act, 2016.

It has been alleged that total 80 kg. Mahua flower has been recovered from the house of the petitioners. The learned counsel for the petitioners submits that the aforesaid flower was not meant for the preparation of liquor, but for the other purpose and it has further been

Patna High Court CR. MISC. No.44715 of 2019(2) dt.22-07-2019 2/2 submitted that it can be used by human being for his own consumption as well as for the cattle feed.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Gaya in connection with Magadh Medical P.S. Case No. 79 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T