Baban Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13670 of 2019 Arising Out of PS. Case No.-811 Year-2018 Thana- Araria District- Araria ====================================================== 1.

Baban Singh S/o Late Dilip Singh Resident of Village- Hansa Dakbunglow P.S.- Raniganj, District- Araria.

2.

Chotu Singh S/O - Lal Singh Resident of village- Hansa Dakbunglow P.S.- Raniganj, District- Araria.

3.

Rabin Yadav @ Rabinsh Kumar S/o Vinod Kumar @ Binod Yadav R/o Village- Raghopur Pachira, P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-03-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Araria (Bairgachi O.P.) P. S. Case No. 811 of 2018 dated 19.11.2018 instituted for the offences under Sections 30(a)/36 of the Bihar Prohibition and Excise Act, 2016.

Approximately 176.400 litres of liquor is said to have been recovered from a vehicle and two persons were arrested. The aforesaid two arrested persons have named

Patna High Court CR. MISC. No.13670 of 2019(2) dt.08-03-2019 2/2 the petitioner in their statement before the police. Learned counsel for the petitioners has submitted that there is no recovery from the possession / constructive possession of the petitioners and they have clean antecedents.

Considering the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Specisal Judge, Araria in connection with Araria (Bairgachi O.P.) P. S. Case No. 811 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U