Lalan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85660 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- PARASI District- Jehanabad ====================================================== 1.

Lalan Chaudhary Son of Munarik Chaudhary Resident of Village-Rampur Waina, P.S.- Parasi, District - Arwal.

2.

Lakshman Chaudhary Son of Lalan Chaudhary Resident of Village- Rampur Waina, P.S.- Parasi, District - Arwal.

3.

Vijay Chaudhary Son of Lalan Chaudhary Resident of Village - Rampur Waina, P.S.- Parasi, District - Arwal.

4.

Laddu Chaudhary Son of Lalan Chaudhary Resident of Village - Rampur Waina, P.S.- Parasi, District - Arwal.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Excise Case No. 1283 of 2019 arising out of Parasi P.S. Case No. 66 of 2019 registered for the offences punishable under Sections 30(a)(d) of the Bihar Prohibition and Excise Amendment Act, 2018.

The prosecution story as per the First Information Report is that police on the basis of secret information that some persons are manufacturing the country made liquor in the field of village Rampur Baina proceeded towards the place of

Patna High Court CR. MISC. No.85660 of 2019(2) dt.18-02-2020 2/3 occurrence and upon seeing the police party some persons tried to flee away but after chase Saguni Chaudhary and Ramjatan Chaudhary were apprehended by the police who disclosed the name of the petitioner. The police recovered 10 liters of country made liquor, three motorcycles as well as apparatus used for manufacturing liquor from the field situated in the village. Learned counsel appearing on behalf of petitioners submits that petitioners have not committed any offence in the manner alleged and they have got no criminal antecedent and their names have been disclosed by arrested co-accused persons. He submits that the similarly situated co-accused persons have already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 23.01.2020 passed in Cr. Misc. No.191 of 2020.

Having heard learned counsel for the parties and taking into consideration the fact that nothing has been recovered from the conscious possession of the petitioners and petitioners have got no criminal antecedent and similarly situated accused persons have already been granted anticipatory bail by co-ordinate Bench of this Court, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, let the petitioners, above named, in the

Patna High Court CR. MISC. No.85660 of 2019(2) dt.18-02-2020 3/3 event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Jehanabad in connection with Excise Case No. 1283 of 2019 arising out of Parasi P.S. Case No. 66 of 2019, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Anil Kumar Sinha, J) mdrashid/- U T