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Patna High CourtCR. MISC./28915/2023bail granted

Rajendra Singh v. The State Of Bihar

2023-05-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28915 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== 1.

RAJENDRA SINGH SON OF SOHAR SINGH RESIDENT OF VILLAGENAWADIH PO- HARDIYA, PS- RAJAULI, DISTT- NAWADA 805125 2.

ASHOK SINGH SON OF PUNA SINGH RESIDENT OF VILLAGENAWADIH PO- HARDIYA, PS- RAJAULI, DISTT- NAWADA 805125 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivek Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) and 30(C) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioners submits that petitioners have antecedent of one case.

Allegation is of recovery of 150 litres of liquor along with 4000 litres of fermented Jawa Mahua from a place near the forest area.

Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.28915 of 2023(2) dt.18-05-2023 2/2 recovered from their conscious possession and even the alleged recovery is from a place which is accessible to public at large and they came to be implicated on account of secret information which is the easiest way to implicate someone. It is further submitted that the police in order to save the real culprits falsely implicated the petitioners because of their antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise P.S. Case No. 101 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T