Patna High CourtCR. MISC./62640/2022partly allowed disposal

Raghubir Chaudhary v. The State Of Bihar

2022-12-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62640 of 2022 Arising Out of PS. Case No.-452 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== 1.

Raghubir Chaudhary Son Of Raghunath Chaudhary R/V- Tarwa Magarpal, P.S- Dariyapur, Dist- Saran At Chapra 2.

Baijnath Chaudhary Son of Ramnath Chaudhary R/V- Tarwa Magarpal, P.SDariyapur, Dist- Saran at Chapra 3.

Mishri Chaudhary Son of Ramnath Chaudhary R/V- Tarwa Magarpal, P.SDariyapur, Dist- Saran at Chapra 4.

Raju Chaudhary Son of Late Rajendra Chaudhary R/V- Tarwa Magarpal, P.S- Dariyapur, Dist- Saran at Chapra 5.

Sunil Chaudhary Son of Late Rajendra Chaudhary R/V- Tarwa Magarpal, P.S- Dariyapur, Dist- Saran at Chapra 6.

Dinesh Chaudhary Son of Late Satyanarayan Chaudhary R/V- Tarwa Magarpal, P.S- Dariyapur, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. Learned counsel for the petitioner seeks permission to withdraw the petition with regard to

Patna High Court CR. MISC. No.62640 of 2022(2) dt.02-12-2022 2/3 petitioner No. 4 namely Raju Chaudhary since he has been arrested.

Permission is accorded.

Accordingly, the petition with respect to petitioner No. 4 is dismissed as withdrawn.

There is recovery of 90 litres of illicit liquor. The petitioners are alleged to have fled away from the place of seizure.

It is submitted by learned counsel for the petitioners that petitioners were not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern either with the place of seizure, or the apprehended accused or the illicit liquor. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, except petitioner No. 4, in the event of their arrest or surrender before the Court

Patna High Court CR. MISC. No.62640 of 2022(2) dt.02-12-2022 3/3 below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Judge, Excise, Saran at Chapra in connection with Dariyapur P.S. Case No. 452 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T