Moti Lal Chaudhary @ Moti Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45256 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

Moti Lal Chaudhary @ Moti Chaudhary Son Of Late Rajendra Chaudhary Resident Of Maharani Asthan, Bichala Telpa, Police Station- Town (Nagar), Chhapra, District - Saran.

2.

Deepak Chaudhary @ Deepak Kumar Choudhary Son Of Moti Chaudhary Resident Of Maharani Asthan, Bichala Telpa, Police Station- Town (Nagar), Chhapra, District - Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 30(a), 40(i) (ii), 37(b) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious

Patna High Court CR. MISC. No.45256 of 2022(2) dt.14-10-2022 2/3 possession of the petitioners rather 30 liters of country made liquor is said to have recovered from the place of occurrence. He submits that apprehended co-accused disclosed the name of the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application. Petitioners are agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) each in the account of Member Secretary Bihar State Legal Services Authority, bearing No. 0380000100252472, IFSC Code: PUNB0038000, Punjab National Bank, Patna.

Considering the facts and circumstance of the case, let the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chhapra Town (Nagar) P.S. Case No. 93 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C., with further conditions:

(1) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.45256 of 2022(2) dt.14-10-2022 3/3 who he is related with the petitioners. He will also undertake to inform the court if there is any change in the address of the petitioners.

(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Member Secretary Bihar State Legal Services Authority, Patna.

(Anjani Kumar Sharan, J) devendra/- U T