Jagu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58035 of 2019 Arising Out of PS. Case No.-267 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== 1.

JAGU CHAUDHARY Son of Chandrika Chaudhary Resident of VillagePatrakha, P.S-Mauwapool, District-West Champaran. 2.

Birendra Chaudhary Son of Chandrika Chaudhary Resident of VillagePatrakha, P.S-Mauwapool, District-West Champaran. 3.

Prahlad Chaudhary Son of Bayar Chaudhary Resident of Village-Patrakha, P.S-Mauwapool, District-West Champaran.

4.

Sunil Chaudhary Son of Bahadur Chaudhary Resident of Village-Patrakha, P.S-Mauwapool, District-West Champaran.

5.

Dinesh Chaudhary Son of Babulal Chaudhary Resident of Village-Patrakha, P.S-Mauwapool, District-West Champaran.

6.

Shivpujan Chaudhary @ Shiv Pujan Mahto Son of Channar Chaudhary Resident of Village-Patrakha, P.S-Mauwapool, District-West Champaran. 7.

Golu Chaudhary Son of Shivpujan Chaudhary Resident of Village-Patrakha, P.S-Mauwapool, District-West Champaran.

8.

Kedar Chaudhary Son of Shital Chaudhary Resident of Village-Patrakha, P.S-Mauwapool, District-West Champaran.

9.

Neta Chaudhary Son of Shivpujan Chaudhary Resident of Village-Patrakha, P.S-Mauwapool, District-West Champaran.

10.

Sukul Chaudhary @ Sukee Chaudhary Son of Shital Chaudhary Resident of Village-Patrakha, P.S-Mauwapool, District-West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2019 Petitioners seek bail in anticipation of their arrest in connection with Muffasil Manuwapool P.S. Case No. 267 of 2019 registered for the offence punishable under Section 30 of Bihar Prohibition and

Patna High Court CR. MISC. No.58035 of 2019(2) dt.13-09-2019 2/3 Excise Act.

Allegation is of recovery of 10 litres of country-made liquor from the bank of river and petitioners and others succeeded in fleeing away and their names have been given by local Chaukidar. Submission of learned counsel for the petitioners is that there is no recovery from their possession or from their house and they have falsely been implicated due to enmity with the Chaukidar and they have no criminal antecedent.

Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bond sof Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, West Champaran, Bettiah, in connection with Muffasil Manuwapool P.S. Case No. 267 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of

Patna High Court CR. MISC. No.58035 of 2019(2) dt.13-09-2019 3/3 the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T