Pappu Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45788 of 2017 Arising Out of PS.Case No. -111 Year- 2015 Thana -GOH District- AURANGABAD ======================================================

1. Pappu Chaudhary, son of Ashok Chaudhry

2. Kapil Chaudhary, son of Ram Chandra Chaudhary. Both resident of village Dewhara, P.S. Goh, Distt. Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Goh P.S. Case No. 111 of 2015 instituted for the offence under Sections 272, 273 of the Indian Penal Code and Setion 47(a) of the Bihar Excise Act.

There is allegation against these petitioners that informant got confidential information that they were manufacturing Mahua liquor in a hut (Jhopri) near punpun river, The informant along with the police party reached there and saw smoke coming out from the hut. On seeing the police party, two persons fled away. The local people disclosed the name of these petitioners to the police party.

It is mentioned in paragraph-3 of the bail petition that

Patna High Court Cr.Misc. No.45788 of 2017 (3) dt.11-10-2017 2/2 petitioners have no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Goh P.S. Case No. 111 of 2015, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T