Ram Babu Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12940 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- CHANDI District- Bhojpur ====================================================== 1.

Ram Babu Singh (M), aged about 47 years, Son of Late Keshar Singh. 2.

Abhimanyu Kumar (M), aged about 20 years.

3.

Kush Raj Singh @ Kush Kumar (M), aged about 26 years. Both Sons of Ram Babu Singh All Residents of Village- Jalpura, P.S.- Chandi, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Singh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-03-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Chandi P.S. Case No. 161 of 2018 (Excise Case No. 2392 of 2018) registered for offences under sections 30(a) of the Excise Act, 2016.

As per prosecution story, 13.5 liters of English wine have been recovered from the house of co-accused in which the petitioner has been made accused.

The petitioners have got no criminal antecedent. Looking to the quantity of liquor recovered as also the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the

Patna High Court CR. MISC. No.12940 of 2019(2) dt.06-03-2019 2/2 court below within a period of four weeks from today, be released 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 learned Special Judge, Excise, Bhojpur in connection with Chandi P.S. Case No. 161 of 2018 (Excise Case No. 2392 of 2018), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

However, at the time of accepting bail bonds, the court below will verify and ensure itself regarding criminal antecedent of the petitioners and if it is found that the petitioners have clean antecedent, their bail bond will be accepted but, if it is found that the petitioners are involved in any other case before filing of the present case i.e. 28.2.2019, then they would not be released.

(Shivaji Pandey, J) rishi/- U T