Bhim Singh @ Vim Singh @ Bhim Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9821 of 2018 Arising Out of PS. Case No.-437 Year-2017 Thana- SONEPUR District- Saran ======================================================
1. Bhim Singh @ Vim Singh @ Bhim Kumar, S/o Achitanand Singh,
2. Chhotan Singh @ Chotan Singh @ Chhotan Kumar S/o Gopal Singh, Both R/o Village- Dudhaila Gachhi, P.S.- Sonepur, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh For the Opposite Party/s :
SMT. SHARDA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Sonepur P.S. Case No. 437 of 2017 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 33, 41 and 47 of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 98.64 litres of illicit liquor from the two cars upon the car being apprehended by the Police.
The learned counsel for the petitioners submits that the name of the petitioners transpired in the present case upon discloses of their names by the persons apprehended from the
Patna High Court Cr.Misc. No.9821 of 2018(2) dt.27-02-2018 2/2 spot. However, neither recovery has been made from their possession nor they are the owners of the said car. Considering the nature of accusation and the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order 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 06th Additional District and Sessions Judge, Saran at Chapra in connection with Sonepur P.S. Case No. 437 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T