IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1336 of 2011 RAVI KUMAR CHOUDHARY @ RAVI CHOUDHARY Versus THE STATE OF BIHAR with Cr.Misc. No.3236 of 2011 MUKESH KUMAR Versus THE STATE OF BIHAR ----------- 03 26.03.2011 Both the above stated petitions arise out of Malsalami P.S. Case No. 180 of 2010 registered under various Sections of the Indian Penal Code and Section 47 (a) of the Excise Act and accordingly, both the above stated petitions are being disposed of by this common order. Having got confidential information, the informant raided one godown from where in huge quantity illicit country made liquor and other apparatus were recovered and allegedly, petitioner in Cr. Misc. No. 1336 of 2011 was arrested and on interrogation, he disclosed that the aforesaid factory was being run by one Sanjay Rai, who managed to escape from the place of occurrence. Learned counsel for the petitioners points out that in course of investigation, the owner of the house, in which the aforesaid godown was situated, disclosed this fact that the above stated Sanjay Rai had taken the aforesaid godown on hire and the aforesaid fact has been corroborated by some other witnesses also. It is pointed out by him that so far as petitioner in Cr. Misc. No. 3236 of 2011 is concerned, his name surfaced in this case in the statement of petitioner in Cr. Misc. No. 1336 of 2011. It is contended by him that even if, it assumed that petitioners had been engaged in preparation of illicit liquor, then also, they were only labourers and they are languishing in jail custody for more than five months. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with above stated Malsalami P.S. Case No. 180 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)