Raj Kishore Chaudhary @ Rajkishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55793 of 2021 Arising Out of PS. Case No.-211 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Raj Kishore Chaudhary @ Rajkishore Prasad Son of Maujelal Chaudhary @ Maujelal Prasad Chaudhary Resident of Village - Rajepur, P.s.- Rajepur, Distt.- East Champaran.

2.

Amarjeet Chaudhary @ Amardeep Kumar @ Amardeep Chaudhary Sonof Maujelal Chaudhary @ Maujelal Prasad Chaudhary Resident of Village - Rajepur, P.s.- Rajepur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-02-2022 Heard learned counsel for the petitioners and Shri Umesh Lal Verma, learned A.P.P. for the State through virtual court proceedings.

The petitioners seek regular bail in connection with Madhuban P.S. Case No. 211 of 2021 instituted for the offences under Sections 272, 273, 120(B), 420, 467, 468 and 471 of the Indian Penal Code read with Sections 30(a), 32, 36 and 41(i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners are in custody since 14.07.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioners submits that allegation is of recovery of 8812.26 litres of liquor from a truck

Patna High Court CR. MISC. No.55793 of 2021(3) dt.04-02-2022 2/2 and the apprehended accused named the petitioners and other accused persons.

Learned counsel for the petitioners submits that the petitioners were not arrested from the place of occurrence and their name came in the confessional statement of co-accused as such nothing was recovered from their possession. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioners are in custody since 14.07.2021, charge-sheet has been submitted in the case, were not arrested from the place of occurrence and their name came in the confessional statement of the co-accused, let the petitioners above named be released 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 learned Special Judge, Excise, Motihari, East Champaran in connection with Madhuban P.S. Case No. 211 of 2021 with a condition that one of the bailor shall be the father of the petitioners namely Maujelal Chaudhary @ Maujelal Prasad Chaudhary. (Satyavrat Verma, J) Rishi/- U T