Bhaso Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11475 of 2018 Arising Out of PS.Case No. -637 Year- 2017 Thana -BARBIGHA District- SEKHPURA ======================================================
1. Bhaso Chaudhary, son of Late Dhaneshwar Chaudhary
2. Jito Chaudhary, son of Late Ganauri Chaudhary
3. Ajay Chaudhary, son of Umesh Chaudhary, all resident of villageNarayanpur, P.S.- Barbigha, District- Sheikhpura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Barbigha P.S. Case No.637 of 2017 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 100 litres of melted chhoba from mustard field of one Bipin Choudhary. The learned counsel for the petitioners submits that no recovery has been made from the conscious possession of the petitioners and the said mustard field also does not belong to the petitioners herein. It is further submitted that the petitioners are having clean antecedent.
Patna High Court Cr.Misc. No.11475 of 2018 (2) dt.27-02-2018 2/2 Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of First Additional District and Sessions Judge, Sheikhpura in connection with Barbigha P.S. Case No.637 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) N.H./- U T