Patna High CourtCR. MISC./32524/2018allowed

Jitendra Chaudhary And ANR v. The State Of Bihar

2018-06-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32524 of 2018 Arising Out of PS.Case No. -81 Year- 2018 Thana -NARHAT District- NAWADA ======================================================

1. Jitendra Chaudhary, S/o Barho Chaudhary,

2. Chando Chaudhary @ Chand Chaudhary @ Chando Chandhari, S/o Lakshman Chaudhary, Both R/o Village- Shelkhpura, Chaudhary Tola, P.S.- Narhat, DistrictNawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Narhat P.S. Case No. 81 of 2018 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. He further submits that petitioner no.2 was the licensee for trade in Neera and the license was expired on 31.03.2018. Petitioner no.1 is the associate of petitioner no.2, who works to aid petitioner no.2. Learned counsel further submits that petitioner no.2 was the erstwhile licensee and his license was expired, but he was not indulged in trade of toddy, but was in trade of Neera and, as such, the petitioners deserve bail

Patna High Court Cr.Misc. No.32524 of 2018 (2) dt.05-06-2018 2/2 considering the background that petitioner no.2 was in trade of Neera, which is permissible. He further submits that the petitioners are in custody since 11.04.2018.

Considering the totality of the facts situation including the fact that the petitioners have no criminal antecedent and have remained in custody for nearly two months, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Nawada in connection with Narhat P.S. Case No. 81 of 2018. (Anil Kumar Upadhyay, J) Uday/- U T