Bipin Chaudhary @ Bipnin Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79494 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

Bipin Chaudhary @ Bipnin Chaudhary, Son of Umesh Chaudhary, Resident of Village-Khanghapur, P.S.-Cheriya Bariyarpur, District-Begusarai. 2.

Rajnish Chaudhary @ Rajnish Kumar Chaudhary @ Warish Chaudhary, Son of Jagdish Chaudhary, Resident of Village-Tetri, P.S.-Dandari, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for State.

The petitioners in this case are seeking regular bail in connection with Cheriya Bariyarpur P.S. Case No.148 of 2019 registered for the offences punishable under Sections 188 and 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 the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that there is no recovery from the conscious possession of these petitioners.

Patna High Court CR. MISC. No.79494 of 2019(2) dt.11-12-2019 2/3 Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that 13 liters of illicit liquor has been recovered from the possession of the petitioners, petitioners are in custody since 07.10.2019 having no criminal antecedent and the investigation is complete, let the petitioners abovenamed be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Iind-cum-Special Judge, Excise Act, Begusarai in connection with Cheriya Bariyarpur P.S. Case No.148 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly

Patna High Court CR. MISC. No.79494 of 2019(2) dt.11-12-2019 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T