Ajay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65611 of 2019 Arising Out of PS. Case No.-216 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

AJAY CHAUDHARY Son of Kishor Chaudhary .

2.

Mannu Chaudhary @ Manu Chaudhary Son of Vinod Chaudhary both Resident of Village-Gulni, P.S-Deepnagar, District-Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 272, 273, 290 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that 45 litres of liquor was said to have been recovered from the field. There is no recovery from the conscious possession of the petitioners. It is further submitted that the other co-accused has been granted the privilege of bail vide order dated 24.10.2019 in Cr. Misc. No. 64918 of 2019. He further submits that petitioners have criminal antecedent bearing (I) Deep Nagar P.S. Case No.

Patna High Court CR. MISC. No.65611 of 2019(2) dt.05-11-2019 2/2 219 of 2019 under Section 147, 148, 149, 307 of the Indian Penal Code and Deep Nagar P.S. Case No. 35 of 2019 under Section 270, 290 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act in which the petitioners has been granted bail. Petitioners are languishing in judicial custody since 02.08.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional District and Sessions Judge-cum-Special Judge Excise, Nalanda at Biharsharif in connection with Deepnagar Police Station Case No. 216 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T