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Patna High CourtCR. MISC./25141/2018bail granted

Vinod Chaudhry @ Binod Chaudhry And ANR v. The State Of Bihar

2018-05-01Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25141 of 2018 Arising Out of PS.Case No. -43 Year- 2018 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Vinod Chaudhry @ Binod Chaudhry Son of Kishan Chaudhary, Resident of Village-Basaha, P.S.-Babubarhi, District-Madhubani,

2. Om Prakash Chaudhry @ Chamaklal Chaudhry Son of Late Devnarain Chaudhry @ Jagnarain Chaudhary, Resident of Village-Lalaniya, P.S.- Lalaniya, District-Madhubani. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. Mr. Abhishek Kumar @ Sonu, Adv.

For the Opposite Party/s : Mr. Manoj Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 272, 273, 420, 467, 468 & 471/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

151.28 liters of foreign liquor is said to have been recovered from the Maruti Suzuki car and its driver, namely, Vinod Chaudhary @ Binod Chaudhary (petitioner no.1) and commuter Om Prakash Chaudhary @ Chamaklal Chaudhary (petitioner no.2) were apprehended.

Patna High Court Cr.Misc. No.25141 of 2018 (02) dt.01-05-2018 2/ 2 It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They had no knowledge of keeping the aforesaid liquor in the dicky of the car by its owner. They have been falsely implicated in this case at the instance of their enemy. They have no criminal antecedent and have been languishing in custody since 13.03.2018. In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 4thAdditional Sessions Judge-cum-Special Judge Excise, East Champaran at Motihari in connection with Dumariyaghat P.S. Case No.43 of 2018.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T