Patna High CourtCR. MISC./11507/2017allowed

Kamta Singh And ORS v. The State Of Bihar

2017-03-22Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.11507 of 2017 (2) dt.22-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11507 of 2017 Arising Out of PS.Case No. -107 Year- 2016 Thana -GOVINDPUR District- NAWADA ======================================================

1. Kamta Singh son of Gajandhar Singh

2. Ajay Singh son of Late Lala Singh

3. Kankar Singh son of Mukho Singh All resident of village- Kunda, P.S.- Govinidpur, Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-03-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Govindpur Police Station Case No. 107 of 2016, disclosing offences under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners has submitted that though the petitioners have been named in the F.I.R. on the basis of alleged recovery but the seizure list does not contain signature of this petitioners nor the signature or thumb impression of their family members, which is in violation of Section 100 (7) Cr. P.C. Except seizure list without following due procedure, nothing is against these petitioners. Nothing has

Patna High Court Cr.Misc. No.11507 of 2017 (2) dt.22-03-2017 been recovered from the conscious possession of these petitioners, which is evident from seizure list. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Nawada, in connection with Govindpur Police Station Case No. 107 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T