Kanchan Singh @ Kanchan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6318 of 2022 Arising Out of PS. Case No.-531 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Kanchan Singh @ Kanchan Kumar Son Of Kameshwar Singh Resident of Village - Jagiria (Basra Kazi), P.s.- Saraiya, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 8005 of 2022 Arising Out of PS. Case No.-531 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Rajesh Singh Son Of Kashi Singh @ Ahok Singh R/O Village- Jagiria (basra Kazi, P.S.- Saraiya, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 6318 of 2022) For the Petitioner/s :
Mr. Sachin Kumar For the Opposite Party/s :
Mr. Sanjay Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 8005 of 2022) For the Petitioner/s :
Mr. Sachin Kumar For the Opposite Party/s :
Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-07-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Patna High Court CR. MISC. No.6318 of 2022(2) dt.08-07-2022 2/3 Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 1491.480 litres of illicit foreign liquor has been recovered from the house of coaccused, Manish Singh and Manish Singh has disclosed the name of the petitioner and other co-accused persons that they are members of the syndicate indulged in selling illicit liquor. It is also submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. Petitioners are agree to deposit a sum of Rs. 40,000/- (rupees fourty thousand) each in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Taking into consideration the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.6318 of 2022(2) dt.08-07-2022 3/3 Special Judge, Excise, Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No.531 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.
The bail bonds of the petitioners shall be accepted by the learned court below on showing receipt of the aforesaid amount deposited in the Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J.) Sanjay/- U T