Lohari Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68178 of 2018 Arising Out of PS. Case No.-124 Year-2018 Thana- SAKURABAD District- Jehanabad ======================================================

1. Lohari Chaudhary son of Late Dhur Chaudhary.

2. Briksh Chaudhary son of Late Laljee Chaudhary.

3. Pappu Chaudhary, son of Bahadur Chaudhary. All are Resident of Village- Khairuchak (Mathiya), P.S. Shakurabad, DistrictJehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 145 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired on the basis of disclosure made as the alleged recovery is made from the joint houses of the petitioners where the other family

Patna High Court Cr.Misc. No.68178 of 2018(2) dt.19-11-2018 2/2 members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 145 liters wine is recovered out of which 45 liters wine each has been recovered from the joint houses of the petitioners respectively. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II, Jehanabad in connection with Shakurabad P.S. Case No. 124/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.