Indrajeet Singh @ Chhotu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21671 of 2019 Arising Out of PS. Case No.-485 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

Indrajeet Singh @ Chhotu, Son of Shatrughan Singh @ Sipahi Resident of Village - Kishunpur Madhuban, P.S.- Kurhani, District - Muzaffarpur 2.

Praveen Raj @ Praveen Kumar, Son of Babulal Sahni Resident of Village - Mohanpur, P.S.- Kurhani (Turkey O.P), District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mrs.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-04-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that on a secret information that four accused persons including the petitioners have stored huge quantity of illicit liquor in an under construction Angan Bari Centre, raid was laid and 153.21 liters of Indian Made Foreign Liquor were recovered. Though, on arrival of the police

Patna High Court CR. MISC. No.21671 of 2019(2) dt.08-04-2019 2/3 personnel, all the accused persons managed to flee away from the scene.

It is submitted by learned counsel for the petitioners that admittedly, recovery has not been made from the conscious physical possession of the petitioners and only on the basis of suspicion, the petitioners have been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that on arrival of the police personnel, the petitioners escaped from the scene. Considering the fact that prosecution case does not suggest that the recovery has been made from the conscious physical possession of the petitioners, coupled with the statement made in paragraph no.

3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Kurhani P.S. Case No.

Patna High Court CR. MISC. No.21671 of 2019(2) dt.08-04-2019 3/3 of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T