Bijendra Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22696 of 2018 Arising out of PS. Case No.-57 Year-2018 ThanaGOVERNMENT OFFICIAL COMP. District- Nawada ===============================================

1. Bijendra Choudhary, S/o Ramavatar Choudhary, Resident of Mohalla- Hanuman Garh, P.S.- Chandi, Dist- Nalanda.

2. Mamta Choudhary, S/o Sri Pyare Choudhary, Resident of Vill- Sewait, P.S.- Nalanda, Distt- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case registered for offences under Sections 30 (a) and 56 (d) of the Bihar Prohibition and Excise Act.

It is contended that, as per allegation, 46.50 liters of foreign liquor was recovered from the Ambassador Car which was being boarded by the petitioners. It is further contended that the petitioner No. 1 is the driver and petitioner No. 2 is co-driver of the said vehicle. It is also contended that the petitioners have

Patna High Court Cr.Misc. No.22696 of 2018(2) dt.19-04-2018 2/2 nothing to do with the alleged recovered liquors. Petitioners claim that they are having clean antecedent and are in custody since 03.02.2018.

Considering the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on their furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise, Nawada in connection with G.O. Case No. 57 of 2018 with a condition that if the petitioners, after their release in this case, are again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of their bail bonds.

However, at the time of accepting bail bonds, the court below will verify and assure itself regarding the criminal antecedent of the petitioners. If the petitioners are having clean antecedent then their bail bonds would be accepted otherwise they would not be released on bail.

(Dr. Ravi Ranjan, J) Vikash/- U T