Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68638 of 2019 Arising Out of PS. Case No.-310 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== 1.

SANJAY CHAUDHARY Son of Mohan Chaudhary Resident of VillageMadhopur, Police Station-Barauli (Madhopur O.P.), District-Gopalganj. 2.

Ajay Chaudhary Son of Mohan Chaudhary Resident of Village-Madhopur, Police Station-Barauli (Madhopur O.P.), District-Gopalganj. 3.

Rajesh Chaudhary @ Raju @ Raju Chaudhary Son of Mohan Chaudhary Resident of Village-Madhopur, Police Station-Barauli (Madhopur O.P.), District-Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Barauli P.S. Case No. 310 of 2019, registered for the offences punishable under Section 30 of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R police got secret information that petitioners carrying liquor by chasing them they threw the liquor in a maize field and fleeing away. Later on police recovered 10.8 liters foreign liquor from the maize field. Submission of the learned counsel for the petitioner is that they have been falsely made accused in this case only on suspicion and nothing has been recovered from their possession

Patna High Court CR. MISC. No.68638 of 2019(2) dt.25-10-2019 2/2 or their instance and they have no criminal antecedent. On the other hand, learned A.P.P. has opposed the prayer of bail.

Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioners are directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on record on its own merit without being prejudiced by dismissal of this order possible on the same day. With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) T.Kr./- U T