Sunil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62421 of 2019 Arising Out of PS. Case No.-282 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== Sunil Chaudhary, Son of Late Jagdish Chaudhary, Resident of Village - Sipah, P.S.- Basantpur, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Basantpur P.S. Case No. 282 of 2019, registered under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016.

The accusation is that in course of patrolling duty, informant received information about keeping the illicit liquor by Ranjeet Choudhary and his brother, Sunil Choudahry (petitioner) in their house and also by Jiut Choudhary in village Sipah, then informant along with other police personnel reached there. In course of search of the house of Ranjeet Choudhary and his brother, Sunil Choudhary (petitioner), two litres country made liquor was recovered and Ranjit Choudhary was apprehended at the spot but the petitioner

Patna High Court CR. MISC. No.62421 of 2019(2) dt.17-10-2019 2/2 succeeded to flee away.

Learned counsel for the petitioner submits that two litres country made liquor is said to be recovered from the joint house of petitioner and this petitioner was not apprehended at the spot rather his brother Ranjit Choudhary has been apprehended, in fact, petitioner had no knowledge about keeping the two litres illicit liquor by his brother, Ranjit Choudhary and petitioner being the brother of Ranjit Choudhary, has falsely been implicated in this case. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Sessions Judge-II-cum-Spl. Judge Excise, Siwan, in connection with Basantpur P.S. Case No. 282 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T