Gopal Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13111 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Gopal Singh, Son of Lallan Singh.

2. Dharo Singh, Son of Shivan Singh.

3. Manish Singh, son of Shiv Kumar Singh.

4. Chandan Singh @ Chandan Kumar Singh, Son of Late Shyam Sunder Singh.

5. Sombir Singh @ Sombir Kumar Singh @ Shyambir Singh, Son of Shivan Singh.

All residents of Village- Jagatpura, Ramdiri, P.S.- Matihani, DistrictBegusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-05-2017 Heard both sides.

The petitioners apprehend their arrest in Matihani P.S. Case No.3 of 2017 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The informant alleged that he got information that behind the house of Shivan Singh and Mohan Singh, Mohan Singh, Chandan Singh, Gopal Singh, Dharo Singh, Chhotu Singh, Shyambir Singh, Manish Singh and Barsha Rai used to sell Indian made foreign liquor. The police went in search, but the accused persons started fleeing away. It is alleged that behind the house of

Patna High Court Cr.Misc. No.13111 of 2017 (4) dt.23-05-2017 Shivan Singh, 180 bottles of Royal Stag Classic Whisky each containing 750 ml were recovered.

Learned counsel for the petitioners submits that the Indian made foreign liquor was recovered behind the house of Shivan Singh and Mohan Singh. Shivan Singh has not made accused. Nothing has been recovered from the actual or conscious possession of the petitioners.

Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on 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 Additional Chief Judicial Magistrate-III, Begusarai in connection with Matihani P.S. Case No.3 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Arvind/- U T