Deen Dayal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 77871 of 2019 Arising Out of PS. Case No.-141 Year-2019 Thana- AWTARNAGAR District- Saran ====================================================== 1.

Deen Dayal Chaudhary Son of late Ram Janam Chaudhary Resident of Village - Naraw, P.S.- Awtar Nagar, Distt - Saran at Chapra. 2.

Muna Chaudhary @ Munna Chaudhary @ Munna Kumar Chaudhary Son of Lakshman Chaudhary @ Lakchuman Chaudhary Resident of Village - Naraw, P.S.- Awtar Nagar, Distt - Saran at Chapra. 3.

Bidya Chaudhary Son of Dharam Nath Chaudhary Resident of Village - Naraw, P.S.- Awtar Nagar, Distt - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Narendra Kumar, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 188, 272, 273 and 308/34 of the Indian Penal Code and Sections 30(a) and 38 of Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that there is no recovery of illegal liquor from the conscious possession of the petitioners rather it was recovered from the open place. He further submits that there is no compliance under section 100 of the Cr.P.C. with regard to seizure of liquor. He further submits

Patna High Court CR. MISC. No. 77871 of 2019(2) dt.29-11-2019 2/2 that the petitioners have got clean antecedent. In the facts and circumstances of the case, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender in the court below within six weeks from the date of receipt of this order, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Saran at Chapra in connection with Awtarnagar P.S.Case No.141 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) B.Kr./- U T