Shankar Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.469 of 2021 Arising Out of PS. Case No.-227 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== 1.
SHANKAR CHAUDHARI Son of Bulu Chaudhari @ Blue Chaudhari Resident of Village - Jolah Bigha, P.S.- Khizarsarai, Distt.- Gaya. 2.
Tula Choudhary @ Tallu Choudhary Son of Rambriksh Choudhary Resident of Village - Jolah Bigha, P.S.- Khizarsarai, Distt.- Gaya. ... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabindra Kumar Priyadarshi, Advocate For the Opposite Party/s :
Mr.APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-10-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 1, namely, Shankar Chaudhari.
Prayer is allowed.
Accordingly, this application is dismissed as
Patna High Court CR. MISC. No.469 of 2021(2) dt.27-10-2021 2/3 withdrawn with respect to petitioner no. 1, namely, Shankar Chaudhari.
Petitioner no. 2, namely, Tula Choudhary @ Tallu Choudhary apprehends his arrest in connection with Khizarsarai P.S. Case No. 227 of 2020 registered for the offence punishable under Sections 30(A) (c) of Bihar Prohibition and Excise Act. The prosecution case in short is that having got secret information the police officials searched the house of the petitioner and recovered 2 litres country made liquor. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner.
The learned Additional Public Prosecutor, however, opposed the prayer of bail.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner no. 2, namely, Tula Choudhary @ Tallu Choudhary, in the event of his arrest/ surrender within a period of six weeks from today, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.469 of 2021(2) dt.27-10-2021 3/3 satisfaction of learned Special Judge, Excise, Gaya in Khizarsarai P.S. Case No. 227 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajesh Kumar Verma, J) shahzad/- U T