Manish Kr. Chaudhary @ Mani Chaudhary @ Mani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76116 of 2019 Arising Out of PS. Case No.-272 Year-2019 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

MANISH KR. CHAUDHARY @ MANI CHAUDHARY @ MANI S/o Bunni Lal Pasi @ Munni Lal Chaudhary @ Bunni Lal Chaudhary R/o village- Mishrawalia, P.S.- G.B. Nagar, District- Siwan 2.

Bunni Lal Pasi @ Munni Lal Chaudhary @ Bunni Lal Chaudhary S/o Late Sahan Pasi R/o village- Mishrawalia, P.S.- G.B. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2019 Heard learned counsel for the parties.

Petitioners who are in custody seeks bail in a case registered for the offence punishable under Section 30(a), 33, 34, 36, 38 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Informant who is police officer in his written report has stated that he received confidential information that from the house of Bunni Lal Pasi illicit liquor is being sold and when he reached the place of occurrence two persons started fleeing who were apprehended after chase and they disclosed their

Patna High Court CR. MISC. No.76116 of 2019(2) dt.26-11-2019 2/3 name as Bunni Lal Pasi and Manish Choudhary and from their house 153.900 litres of illicit liquor was recovered. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case being member of joint family and house is a joint family house. Petitioners have got no criminal antecedent and are in custody since 02.11.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with G.B. Nagar P.S. Case No. 272 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(4). If the petitioners are found involved

Patna High Court CR. MISC. No.76116 of 2019(2) dt.26-11-2019 3/3 in similar nature of offence, after their release on bail, the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) ranjan/- U