Patna High CourtCR. MISC./3488/2024bail granted

Raja Choudhary @ Mukesh Kumar Choudhary v. The State Of Bihar

2024-02-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3488 of 2024 Arising Out of PS. Case No.-388 Year-2023 Thana- EKMA District- Saran ====================================================== 1.

Raja Choudhary @ Mukesh Kumar Choudhary Son of Buchuli Choudhary R/o Village Ganjpur, P.S. Ekma, District Saran 2.

Buchuli Choudhary @ Budhan Choudhary Son of Late Lalu Choudhary R/o Village Ganjpur, P.S. Ekma, District Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tejpratap Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 353 and 34 of the Indian Penal Code and under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that the petitioners have antecedent of one case and allegation is of recovery of 70 liters of liquor from a place near the house of the petitioner no. 1.

4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.3488 of 2024(2) dt.13-02-2024 2/2 recovered from their conscious possession and they came to be implicated merely because the place from where the liquor was recovered, was near the house of petitioner no. 1.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ekma P.S. Case No. 388 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T