Om Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4327 of 2020 Arising Out of PS. Case No.-329 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

Om Prakash Singh Son of Ram Yash Singh Resident of VillageChaumukha, P.S.- Pachrukhi, District- Siwan. 2.

Gautam Chaudhari Son of Late Chhathu Pasi Resident of VillageChaumukha, P.S.- Pachrukhi, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-03-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Pachrukhil P.S. Case No. 329 of 2019 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. As per F.I.R., 2211.84 liters of foreign liquor has been recovered from the house of co-accused Uma Singh. It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case and nothing has been recovered from their conscious possession. It is further submitted that alleged recovery has been made from the house of co-accused, but only on suspicion, the petitioners have also been made accused. Mandatory provision under Section 100

Patna High Court CR. MISC. No.4327 of 2020(2) dt.03-03-2020 2/2 Cr.P.C. has not been followed with respect to search and seizure. Petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge cum Special Judge, Excise, Siwan in connection with Pachrukhil P.S. Case No. 329 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T