Jamun Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68764 of 2023 Arising Out of PS. Case No.-601 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.
Jamun Chaudhary Son Of Late Daman Chaudhary R/O Vill - Bhadeja, P.S. - Muffasil, Distt. - Gaya 2.
Raju Chaudhary Son Of Late Munshi Choudhary R/O Vill - Bhadeja, P.S. - Muffasil, Distt. - Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-11-2023
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of regular bail in connection with Muffasil P.S. Case no.601 of 2021 registered under section 30(a) of the Bihar Prohibition & Excise Act, 2016.
3. As per the prosecution case, the informant states that on secret information having been received that the accused persons are involved in sale of liquor, a raid was conducted. On seeing the police personnel, the three accused persons including the two petitioners herein managed to escape and a total of 530 litres of mahua in process of production of liquor was recovered.
Patna High Court CR. MISC. No.68764 of 2023(2) dt.01-11-2023 2/2
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case because of their antecedent. They were not arrested at the spot. They have no concern either with the seized articles nor with the place of seizure. They are in custody since 9.8.2023 and charge-sheet has been submitted in the case.
5. Heard learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the petitioners not having been arrested at the spot nor any incriminating article having been recovered from their possession and their being in custody since 9.8.2023, both the petitioners are directed to be enlarged on bail in connection with Muffasil P.S. Case no.601 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, Gaya.
(Partha Sarthy, J) Shiv/- U T