Shiva Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54640 of 2019 Arising Out of PS. Case No.-102 Year-2019 Thana- PARAIYA District- Gaya ====================================================== 1.

Shiva Chaudhary, Son of Late Ramdas Chaudhary, Resident of VillageBagahi, P.S.- Paraiya, District- Gaya. 2.

Anil Kumar Chaudhary, Son of Shiva Chaudhary, Resident of VillageBagahi, P.S.- Paraiya, District- Gaya. 3.

Pintu Kumar, Son of Late Manoj Chaudhary, Resident of Village- Bagahi, P.S.- Paraiya, District- Gaya.

4.

Prem Kumar, Son of Late Manoj Chaudhary, Resident of Village- Bagahi, P.S.- Paraiya, District- Gaya.

5.

Pramod Kumar, Son of Late Manoj Chaudhary, Resident of Village- Bagahi, P.S.- Paraiya, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners all belonging to the same family are in custody since 28.07.2019 in connection with Paraiya P.S. Case No.102 of 2019 registered for the offence under Section 414 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioners submits that the tempo in which the petitioners were travelling were

Patna High Court CR. MISC. No.54640 of 2019(3) dt.13-09-2019 2/2 apprehended and on search, certain amount of liquor was recovered. It is submitted that these petitioners had merely hired the tempo for going to their relatives place, but when the said tempo was apprehended, the Driver fled away after leaving the vehicle. It is thus submitted that the petitioners are innocent since they hired the tempo for travelling and they also have no criminal antecedents. It is further submitted that the alleged recoveries were not from their conscious possession and they had nothing to do with the liquor which were found in the tempo.

Considering the aforementioned facts and circumstances and that the petitioners have no criminal antecedents, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the court of learned Special Judge, Excise, Gaya, in connection with Paraiya P.S. Case No.102 of 2019. (Anjana Mishra, J) PNM U T