Binod Singh @ Binod Kumar @ Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11054 of 2022 Arising Out of PS. Case No.-126 Year-2018 Thana- NALANDA District- Nalanda ====================================================== 1.

Binod Singh @ Binod Kumar @ Mahato Son Of Devendra Singh Resident Of Village - Begampur, P.S And Distt.- Nalanda (Biharsharif). 2.

Kunak Kumar @ Kuley Son Of Binod Singh @ Mahto Resident Of Village - Begampur, P.S And Distt.- Nalanda (Biharsharif). ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rakesh Ranjan For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 392 litre of liquor from the house of Fekan Manjhi.

The learned counsel for the petitioners submits that petitioners were not apprehended from the spot, as such, nothing was recovered from their conscious possession. It is next

Patna High Court CR. MISC. No.11054 of 2022(2) dt.08-07-2022 2/2 submitted that the petitioners have no concern with Fekan Manjhi and they came to be implicated based on secret information, which is the easiest way to implicate an innocent person.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners and the fact that petitioners are persons with clean antecedent, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 3,000/- (Rupees Three Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nalanda P. S. Case No.126 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T