Mukesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44230 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== 1.

MUKESH CHAUDHARY, aged 35 years(M), Son of Mohan Chaudhary Resident of Village- Sugauli adwa Tola, P.S.- Sugauli, District- East Champaran.

2.

Dinanath Chaudhary, aged 38 years(M), Son of Kishori Chaudhary Resident of Village- Nauwa Dih, P.S.- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-07-2019 Heard both sides.

The petitioners apprehend their arrest in Sugauli P.S. Case No.84 of 2019 registered under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

The gist of the allegation is that while the informant and other police officials were passing through from the back side of Sargam Cinema Hall where Tad trees are standing, the police saw some persons near Tad trees but they managed to flee away. 12 liters of country made liquor was recovered. The persons who assembled there disclosed the name of the petitioners.

Patna High Court CR. MISC. No.44230 of 2019(2) dt.18-07-2019 2/2 The learned counsel for the petitioners submits that nothing has been recovered from the conscious possession of the petitioners. Nobody disclosed the name of the petitioners. It is only on account of disclosure made by the police, the petitioner has been made accused in the case. Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran in connection with Sugauli P.S. Case No.84 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T