Bapi Singh @ Upendra Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23259 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- SONO District- Jamui ======================================================
1. Bapi Singh @ Upendra Singh, son of Mahendra Singh.
2. Pradeep Singh, son of Late Jago Singh Both resident of Bharatpur, P.S. Sono, District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar For the Opposite Party/s :
Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Sri Satya Prakash Parasar, learned counsel for the petitioners and Sri Mrityunjay Kumar Nirala, learned Additional Public Prosecutor.
Two petitioners, apprehending their arrest in connection with Sono P.S. Case No. 60 of 2018, registered for the offence under Sections 272, 273 of the Indian Penal Code , 1860 and Section 30(a), 41 of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.
At the very outset, learned counsel for the petitioners has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioners are having clean antecedent. He further submits that petitioners have been made accused only on secret information, however neither anything was recovered
Patna High Court Cr.Misc. No.23259 of 2018(2) dt.23-04-2018 2/2 from their conscious possession nor any other cogent evidence has been brought on record. He submits that it appears that informant was Police Officer and had received some secret information that petitioners and others were indulged in selling country made liquor on the bank of Bharatpur river and thereafter, search was conducted and from the place about 30 liters of Mahua country made liquor was shown to be recovered, however, none was arrested at the place of occurrence. Considering the nature of accusation and clean antecedent of the petitioners, in in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners Bapi Singh @ Upendra Singh and Pradeep Singh be enlarged on bail on furnishing bail bond of Rs.
10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned A.D.J. 2nd , Jamui / concerned court in connection with Sono P.S. Case No. 60 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J) praful/- U T