Vinod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17841 of 2020 Arising Out of PS. Case No.-196 Year-2019 Thana- NASRIGANJ District- Rohtas ====================================================== 1.

Vinod Singh S/o Bhikhari Singh R/o village- Chougariya Tola, P.S.- Nasriganj, District- Rohtas 2.

Anil Kumar S/o Sheo Bachan R/o village- Kathawliya, P.S.- Nasriganj, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Nasriganj P.S. Case No. 196 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

140.22 litres of foreign liquor is said to have been recovered from a Maruti WagonR car. Driver of the car and one person fled away from the said place. Co-accused Rajesh

Patna High Court CR. MISC. No.17841 of 2020(2) dt.11-06-2020 2/2 Sharma was apprehended on the spot who disclosed the name of these petitioners, as the persons who fled away. It is submitted that petitioners have falsely been implicated in this case. Nothing has been recovered from conscious possession of these petitioners. Save and except the disclosure made by the co-accused, there is nothing against these petitioners. The provision of section 100 Cr.P.C has not been followed. Petitioners have got clean antecedent. Considering the facts aforesaid, the petitioner abovenamed in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond 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-cumSpecial Judge, Excise Act, Rohtas at Sasaram in connection with Nasriganj P.S. Case No. 196 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T