Soni Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43432 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- ROHTAS District- Rohtas ====================================================== 1.

Soni Choudhary, Son of Ram Nath Choudhary, Resident of Village - Sundarganj, P.S.- Rohtas, Dist.- Rohtas.

2.

Guddu Choudhary @ Guddu Chauhan, Son of Ram Nath Choudhary, Resident of Village - Sundarganj, P.S.- Rohtas, Dist.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Rohtas P.S. Case No. 82 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty, two persons who were on motorcycle, started to flee away leaving the motorcycle but on chase, one succeeded to flee away while other was apprehended, who disclosed his name as Raju Choudhary. On search of the motorcycle, 40 litres country made liquor were recovered. On query, Raju Choudhary, disclosed the name of petitioner no.2, Guddu Choudhary, as his associate,

Patna High Court CR. MISC. No.43432 of 2019(2) dt.18-07-2019 2/2 who succeeded to flee away and also disclosed that the aforesaid seized liquor was handed over by petitioner no.1, Soni Choudhary.

Learned counsel for the petitioners submits that petitioners were not apprehended by the police at the spot but their names have come in the confessional statement of Raju Choudhary, who is said to be apprehended with the seized liquors. Further submission is that both petitioners have no connection with the seized motorcycle.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-Cum-Special Judge, Excise, Rohtas, Sasaram, in connection with Rohtas P.S. Case No. 82 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T