Mukesh Chaudhary @ Mukesh Kumar Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42163 of 2017 Arising Out of PS.Case No. -110 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. MUKESH CHAUDHARY @ MUKESH KUMAR CHAUDHARY, Son of Late Bhubneshwar Chaudhary,

2. Suresh Chaudhary Son of Jay Kumar Chaudhary, Both are R/o VillageRanipur, P.S.- Sadar, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishor Prasad For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with G.O. Excise Case No.349 of 2017 (arising out of Bahadurpur P.S.case No.110 of 2017) registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioners, as per FIR, is about recovery of 240 ltrs. of royal stag from the Pick-up Van and the petitioners are to be Driver of that Pick-up Van. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in this case. The petitioner have no criminal antecedent and they have remained in custody for about five months.

Patna High Court Cr.Misc. No.42163 of 2017 (2) dt.12-09-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judgecum-Special Judge, Darbhanga in connection with G.O. Excise Case No.349 of 2017 (arising out of Bahadurpur P.S.case No.110 of 2017) With following conditions :

(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) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T