Ramayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33098 of 2018 Arising Out of PS. Case No.-525 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Ramayan Singh, S/o- Late Daroga Singh, Resident of Village- Naya Tola Kairatal, P.S.- Siwan Muffasil, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Smt. Rinki Kumari, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-06-2018 Heard Smt. Rinki Kumari, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Siwan Muffasil P.S. Case No. 525 of 2017 registered for the offence under Section 272/ 273 of the Indian Penal Code, 1860 and Section 30(a) of the Bihar Prohibition and Excise Act , 2016 , has prayed for grant of bail in the event of his arrest or surrender primarily on the ground of parity. It has been argued that out of three F.I.R. named accused, two accused persons have already been extended the privilege of anticipatory bail by order dated: 01.02.2018 and 12.02.2018 vide Cr. Misc. No. 3617 of 2018 and Cr. Misc. No. 6373 of 2018 respectively. It has also been argued that petitioner is having clean antecedent , which fact has been stated in

Patna High Court Cr.Misc. No.33098 of 2018(2) dt.14-06-2018 2/2 paragraph no. 3 of the petition .

Learned counsel for the petitioner submits that in the case from an abundant place huge quantity of country made liquor was shown to be recovered and only on suspicion petitioner has been made accused.

Be that as it may, considering the nature of accusation, the fact that two other co- accused persons in similar circumstances have been extended the privilege of anticipatory bail, there is no reason to refuse the same relief to the petitioner.

Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Ramayan Singh be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge II cum Special Judge Excise Siwan / concerned court in connection with Siwan Muffasil P.S. Case No. 525 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973 .

praful/- (Rakesh Kumar, J) U T