Deepak Kumar Choudhary And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.55070 of 2017 (2) dt.20-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55070 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -RISHIUP District- AURANGABAD ======================================================

1. Deepak Kumar Choudhary Son of Bahadur Choudhary Resident of Village - Bahuara, P.S. Dawat, District - Rohtas.

2. Niraj Kumar Son of Shyam Bihari Singh Resident of Village - Kahathu, P.S. Jagdishpur, District - Bhojpur.

.... .... Petitioners/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 The petitioners seek regular bail in connection with Risiup P.S. Case No. 67 of 2017, registered for offences punishable under Sections 30(a)/38 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 63 litres of country made liquor.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and nothing has been recovered from their conscious possession. Further they have no criminal antecedent and have been in judicial custody since 21.09.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.55070 of 2017 (2) dt.20-11-2017 Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioners has no criminal antecedent, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -VII cum Special Judge, Excise, Aurangabad, in connection with Risiup P.S. Case No. 67 of 2017, subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) It is made clear that if the petitioners again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of their bail bonds.

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