Ranjit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46595 of 2019 Arising Out of PS. Case No.-326 Year-2015 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.

Ranjit Chaudhary Son of Late Sita Ram Chaudhary 2.

Sabiya Devi W/o Late Dilip Chaudhary Both are residents of Village - Narayanpur, P.S.- Barbigha, Dist.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-07-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Barbigha P.S. Case No. 326 of 2015, registered under Sections 272 and 273 of the Indian Penal Code and Section 47(a) of Excise Act.

The allegation against the petitioners, as per the FIR, is that on 23.09.2015, on secret information the police raided the house of the petitioners and on search recovered 5 liters of country made liquor from the house of each petitioner and also recovered fermented jaggery.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.46595 of 2019(2) dt.29-07-2019 2/3 petitioners have no knowledge of lodging of the FIR and when Excise Case No. 20 of 2018 was registered, the petitioners got the information about the same and then they took steps for filing anticipatory bail arising out of the present case. He further submits that the petitioners have falsely been implicated in the present case and there is no chance that petitioner will abscond or will interfere with the investigation and temper the evidence. He further submits that quantity of liquor which has been recovered is very small.

After having heard learned counsel for the parties and taking into consideration the fact that the quantity of liquor recovered from the house of the petitioners is very small and further petitioners have got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioners. This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned 1st Additional District & Session Judge, Sheikhpura in connection with Excise Case No. 20 of 2018 arising out of Barbigha P.S. Case No. 326 of 2015; subject

Patna High Court CR. MISC. No.46595 of 2019(2) dt.29-07-2019 3/3 to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T