Kashinath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2569 of 2022 Arising Out of PS. Case No.-368 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== RAMJI SINGH @ RAMJI PANERI Son of Late Ramdas Paneri Resident of Village - Jagdishpur, P.s.- Jagdishpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4267 of 2022 Arising Out of PS. Case No.-368 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== KASHINATH SINGH SON OF MAHENDRA SINGH R/O VILLAGENARAYANPUR, P.S.- JAGDISHPUR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 2569 of 2022) For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP (In CRIMINAL MISCELLANEOUS No. 4267 of 2022) For the Petitioner/s :

Mr. Md. Ataul Haque, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 380, 406 and 409/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.2569 of 2022(3) dt.01-08-2022 2/3 Prosecution case is that on search of DVD, it appears that on 17.07.2021, a Bodyguard of the present SHO Anjani Kumar took out the bottles of wine kept in the cartoons at the Jagdishpur Mahila Hazat and handed over to the Chaukidar and a private driver.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that petitioner of Cr. Misc. No.2569 of 20222 (Ramji Singh @ Ramji Paneri) is a private driver and petitioner of Cr. Misc. No. 4267 of 2022 (Kashinath Singh) is a Chaukidar and nothing incriminating article was recovered from the conscious or constructive possession of the petitioners. Petitioners have clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Judge, Excise Act, Bhojpur at

Patna High Court CR. MISC. No.2569 of 2022(3) dt.01-08-2022 3/3 Arrah in connection with Jagdishpur P.S. Case No. 368 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T