Sohan Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24639 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -RUNISAIDPUR District- SITAMARHI ======================================================
1. Sohan Chaudhary S/o Jagdeo Chaudhary
2. Jagdish Chaudhary S/o Firangi Chaudhary Both resident of village- Runni, P.S.- Runnisaidpur, Dist.- Sitamarhi .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok Mr. Virendra Kumar For the Opposite Party/s : Mr. Suresh Pd. Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 272/273/308 of the Indian Penal Code and Section 47(A) of the Excise Act.
Learned counsel for the petitioners submits that the aforementioned recoveries were made prior to the promulgation of the new Excise Policy. It is further submitted that the alleged recoveries were not made from his conscious possession rather from a hut which is said to be belonging to these petitioners. There is no seizure-list witness and altogether false and frivolous case has been lodged against the petitioners.
Considering the aforementioned facts and circumstances
Patna High Court Cr.Misc. No.24639 of 2016 (3) dt.02-08-2016 P2/2 and that the petitioners have no previous antecedent of similar nature but have been simultaneously implicated in two other cases on the same day, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 115/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T