Ram Chandra Couhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41154 of 2019 Arising Out of PS. Case No.-628 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== 1.
Ram Chandra Couhan, age-48 years, Male, Son of Munilal Chouhan R/OVidya Nagar, Babhan Toli, Ward No.- 4, P.S.- Sahayak, Distt. - Katihar 2.
Munshi @ Manish Kumar, age-18 years, Male, Son of Late Shankar Prasad R/O- Teja Tola, P.S.- Sahayak, Distt. - Katihar 3.
Manish Kumar @ Chotu Ghosh @ Chhotu Ghosh, age 30 years, Male, Son of Dinesh Ghosh R/O- Teja Tola, P.S.- Sahayak, Distt. - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with C.I. Case No. 628 of 2018 registered for offences under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per prosecution story, 44.01 litres illegal English wine were recovered from the premises which was on rent taken by Saheb Singh who had sublet the same to one Boby @ Abhijeet Sharma for two hours for coaching institute and the rent of the coaching institute was collected by the accused
Patna High Court CR. MISC. No.41154 of 2019(2) dt.09-07-2019 2/3 Saheb Singh. During investigation, it transpired that Saheb Singh was in custody of the building and he used to receive rent from the coaching center and it is he who has started illegal trade of wine which was recovered from the premises. Learned counsel for the petitioners submits that the main allegation has been attributed against Saheb Singh who was on rent and illegally running the illegal business. He further submits that the main accused Saheb Singh has been granted participatory bail by this Court vide order dated 2.7.2019 in Cr.Misc. No. 40538 of 2019.
Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge II cum Special Judge (Excise Act), Katihar in connection with C.I. Case No. 628 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of
Patna High Court CR. MISC. No.41154 of 2019(2) dt.09-07-2019 3/3 anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T