Dhrup Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 10203 of 2020 Arising Out of PS. Case No.-343 Year-2018 Thana- mashrakh District- Saran ====================================================== 1.

Dhrup Singh, (male) 50 years son of Mahath Singh @ Mahanth Singh, resident of Village- Pakri Narotim 2.

Naresh Giri @ Naresh Kumar, male, 38 years, son of Surendra Giri, resident of Village Bijauli, both P.S. Panapur, Distt. Saran. ... ... Petitioners

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-09-2020 Heard learned counsel for the petitioners and learned APP for the State, through video conferencing. The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in connection with Mashrakh P.S. Case No. 343 of 2018 registered under sections 272 and 273 of the Indian Penal Code and sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, it is stated that on search being conducted 6200 litres of illicit liquor was recovered from the truck and the accused persons were caught. In their statement before the police, they disclosed the name of a number of persons including one Haider Ali as also the petitioners herein. It is submitted by learned counsel for the petitioners that except for the confessional statement of co-accused made

Patna High Court CR. MISC. No.10203 of 2020(4) dt.23-09-2020 2/3 before the police, there is no other material against these petitioners. The petitioners have no criminal antecedent and their case stands on a similar footing to that of co-accused Haider Ali, who has been enlarged on bail by order dated 2.12.2019 (Annexure-2) passed in Cr. Misc. No. 75133 of 2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the grant of bail to the co-accused, the Court is inclined to enlarge the petitioners on anticipatory bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Masrakh P.S. Case No. 343 of 2018, they shall be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/ (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional District Judge-cum-Special Judge, Saran, Chhapra subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Sushma/- U T

Patna High Court CR. MISC. No.10203 of 2020(4) dt.23-09-2020 3/3