Prem Singh @ Prem Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11761 of 2022 Arising Out of PS. Case No.-278 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== 1.

PREM SINGH @ PREM KUMAR SINGH Son of Arvind Kumar @ Arvind Kumar Singh Resident of Village - Chamahra, P.s.- Mahnar, Dist.- Vaishali at Hajipur.

2.

Vikram Singh @ Vikram Kumar Son of Arvind Kumar @ Arvind Kumar Singh Resident of Village - Chamahra, P.s.- Mahnar, Dist.- Vaishali at Hajipur.

3.

Julmi Ray Son of Late Upendra Ray Resident of Village - Lawapur (Deshrajpur Tek), P.s.- Mahnar, Dist.- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-08-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.3, namely, Julmi Ray.

Permission is accorded.

Accordingly, the petition of petitioner no.3, namely, Julmi Ray is dismissed as withdrawn.

Heard learned counsel for the petitioners no.1 and 2 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 413, 414, 271 and 272 of the Indian Penal Code and Section 30 (a) of the

Patna High Court CR. MISC. No.11761 of 2022(2) dt.05-08-2022 2/3 Bihar Prohibition and Excise Act, 2018.

It is a case of recovery of English wine from the pick up van bearing Registration No. BR-31-GB 2687. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that nothing has been recovered from the conscious or constructive possession of the petitioners and they have no concern with the seized liquor or vehicle and petitioners have not been apprehended at the spot. He further submits that similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 2640 of 2022. Petitioners have clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, namely, Prem Singh @ Prem Kumar Singh and Vikram Singh @ Vikram Kumar, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.II-cum-Additional District & Sessions Judge,

Patna High Court CR. MISC. No.11761 of 2022(2) dt.05-08-2022 3/3 Vaishali at Hajipur in connection with Mahnar P.S. Case No. 278 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T