Chhabila Chaudhary @ Chhabela Sahani @ Chhabila Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80973 of 2023 Arising Out of PS. Case No.-209 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
Chhabila Chaudhary @ Chhabela Sahani @ Chhabila Sahni S/O Mahesh Chaudhary @ Mahesh Sahni R/O Village- Hathiyahi, P.S- Piprakothi, Distt.- East Champaran.
2.
Mahesh Chaudhary @ Mahesh Sahni S/O Late Sita Ram Sahani R/O Village- Hathiyahi, P.S- Piprakothi, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Rathore@ Kundan Kumar, Advocate For the State :
Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Piprakothi P.S. Case No. 209 of 2023 registered for the offence punishable under Sections 147, 148, 149, 272, 273, 341, 323, 332, 333, 353, 308, 504 and 506 of the Indian Penal Code and Sections 30(a), 32(1), 34(b), 45 and 36 of the Bihar Prohibition and Excise Amendment Act.
3. The petitioners are said to have assaulted the police party when the police party raided them for recovery of illicit liquor and 20 litres of illicit liquor has been recovered from the petitioners. The petitioners are in jail since 15.09.2023. The
Patna High Court CR. MISC. No.80973 of 2023(3) dt.05-03-2024 2/3 petitioners have also filed a false complaint case against the SHO of the Police Station.
4. At the outset, learned counsel for the petitioners without accepting the guilt of the petitioners has submitted that they will withdraw the Complaint Case No. 176 of 2023 pending in the Court of Chief Judicial Magistrate, Motihari.
5. In these circumstances, the bail application of the petitioners is allowed.
6. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No. 1, East Champaran, Motihari in connection with Piprakothi P.S. Case No. 209 of 2023.
7. At the time of furnishing the bail bonds, the petitioners will produce a certified copy of the order withdrawing the Complaint Case No. 176 of 2023 pending in the Court of Chief Judicial Magistrate, Motihari. If the petitioners produce the same, the Court below shall accept the bail bonds of the petitioners.
8. The petitioners will also mark attendance in Piprakothi Police Station, East Champaran on each and every
Patna High Court CR. MISC. No.80973 of 2023(3) dt.05-03-2024 3/3 Sunday of the month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioners.
(Sandeep Kumar, J) P. Kumar U T