An oral order granting bail to two petitioners arrested in a country-made liquor case. The court released them upon furnishing surety bonds based on the lack of direct evidence against them.
Petitioners released on bail by furnishing bonds of Rs. 10,000/- each with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33988 of 2016
Arising Out of PS.Case No. -22 Year- 2016 Thana -NTPC KHAIRA District- AURANGABAD ====================================================== 1. Rajan Chauhan S/o Anugrah Narain Chauhan 2. Dinesh Chauhan S/o Sheo Shankar Chauhan Both are resident of VillageWazirganj, P.S.- Sasaram (M), District- Rohtas. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
2 19-08-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. In huge quantity, country made liquor was recovered from a mini van and the aforesaid mini van was being driven by co-accused Bahadur Yadav @ Amarjeet Yadav and one Sudhir Chauhan was also found sitting in the aforesaid mini van. The aforesaid co-accused Sudhir Chauhan disclosed that the seized country made liquor belongs to the petitioners, who have gone by a motorcycle. Subsequently, petitioners were arrested on 20.06.2016 and since then they are in jail custody.
Submission on behalf of the petitioners is that except the above stated statement of co-accused Sudhir Chauhan, there is
Patna High Court Cr.Misc. No.33988 of 2016 (2) dt.19-08-2016
2/2
nothing against the petitioners. According to the prosecution case itself, neither petitioners were caught from the aforesaid mini van nor petitioners do have any criminal antecedent.
Accordingly, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with N.T.P.C Khaira P.S.Case No. 22 of 2016.
(Hemant Kumar Srivastava, J)
N.K/-
U T
1 issue framed by the court
Whether the petitioners should be released on bail in the pending criminal case.
Rajan Chauhan
Dinesh Chauhan
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
