Kansh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68435 of 2024 Arising Out of PS. Case No.-284 Year-2024 Thana- SONEPUR District- Saran ====================================================== 1.

Kansh Chaudhary S/O Late Bilash Chaudhary Resident of Village -Rahimpur Tedhi Galli,P.S.-Sonpur Distt- Saran at Chapra 2.

Chandan Chaudhary S/O Hoti Chaudhary Resident of Village -Rahimpur Tedhi Galli,P.S.-Sonpur Distt- Saran at Chapra 3.

Ravi Chaudhary S/O Late Jagdish Chaudhary Resident of Village -Rahimpur Tedhi Galli,P.S.-Sonpur Distt- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in Sonepur P.S. Case No. 284 of 2024, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 8 liters liquor was recovered from beside the house of co-accused Suraj Chaudhary.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no concern with the

Patna High Court CR. MISC. No.68435 of 2024(2) dt.03-10-2024 2/2 alleged recovery of liquor. Learned counsel for the petitioners further submits that the alleged recovery has been made from beside the house of co-accused Suraj Chaudhary which do not belong to the petitioners and is an open place and easily accessible to public at large. The petitioners have got two criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonepur P.S. Case No. 284 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T