Patna High Court
Sohan Chaudhary vs The State Of Bihar on 12 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 31646 of 2020
Arising Out of PS Case No.-254 Year-2020 Thana- MAJHAULIYA District- West
Champaran
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1. Sohan Chaudhary, aged about 32 years, Male, Son of Late Ganesh
Chaudhary.
2. Ajay Chaudhary, aged about 25 years, Male, Son of Prem Chaudhary.
Both Resident of Village-Sariswa Bazar, PS-Majhauliya, District-West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Mr. Jharkhandi Upadhyay, I/C APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 12-02-2021
Heard Mr. Bimlesh Kumar Pandey, learned counsel for
the petitioners and Mr. Jharkhandi Upadhyay, learned I/C
Additional Public Prosecutor (hereinafter referred to as the 'APP')
for the State.
2. The petitioners apprehend arrest in connection with
Majhauliya PS Case No. 254 of 2020 dated 04.05.2020, instituted
under Sections 30 (a)/30(d) of the Bihar Prohibition and Excise
Act, 2016.
3. The allegation against the petitioners is that they were
indulging in sale of liquor near a school and when police went,
they ran away and the locals informed that they were also the
persons who have run away and used to sell liquor regularly.
Patna High Court CR. MISC. No.31646 of 2020 dt.12-02-2021
4. Learned counsel for the petitioners submitted that
besides having no criminal antecedent, no source of identification
has been disclosed. It was further submitted that there has been no
recovery from the house of the petitioners also and there is nothing
to connect them with the recovered articles. Learned counsel
submitted that in view of there being no nexus between the articles
recovered to connect them to the petitioners, the present
application shall not be hit by the bar of Section 76 (2) of the Act,
as it cannot be said that prima facie an offence against them is
made out under the Act. Learned counsel further submitted that the
Court may impose strict and stringent conditions.
5. Learned APP submitted that the petitioners have been
identified along with others by the local persons of selling liquor
regularly near a school.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each
with two sureties of the like amount each to the satisfaction of the
learned Special Judge Excise, Bettiah, West Champaran in
Majhauliya PS Case No. 254 of 2020, subject of the conditions
Patna High Court CR. MISC. No.31646 of 2020 dt.12-02-2021
laid down in Section 438 (2) of the Code of Criminal Procedure,
1973 and further, (i) that one of the bailors shall be a close relative
of the petitioners, (ii) that the petitioners and the bailors shall
execute bond with regard to good behaviour of the petitioners, and
(iii) that the petitioners shall also give an undertaking to the Court
that they shall not indulge in any illegal/criminal activity, act in
violation of any law/statutory provisions, tamper with the evidence
or influence the witnesses. Any violation of the terms and
conditions of the bonds or the undertaking shall lead to
cancellation of their bail bonds. The petitioners shall cooperate in
the case and be present before the Court on each and every date.
Failure to cooperate or being absent on two consecutive dates,
without sufficient cause, shall also lead to cancellation of their bail
bonds.
7. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
Anand Kr.
AFR/NAFR
U
T
