Suryamani Sharan Singh @ Rinku @ Suryamani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29432 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- BELCHHI District- Patna ====================================================== 1.

SURYAMANI SHARAN SINGH @ RINKU @ SURYAMANI SINGH S/o Ravindra Prasad 2.

Chandramani Kumar S/o Ravindra Prasad 3.

Rahul Kumar S/o Yogendra Prasad 4.

Ravindra Prasad S/o Late Gopal Sharan all R/o village- Belchhi, P.S.- Belchhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1 For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-05-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners seek bail in connection with Special Case No. 2842 of 2019 arising out of Belchhi P.S. Case No. 13 of 2019 for offences punishable under Section 414 of the Indian Penal Code and Section 30(a) (d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on secret information the Indica car of the petitioners in which petitioners and one other were present was intercepted and on search, 200 litres of country made wine was

Patna High Court CR. MISC. No.29432 of 2019(3) dt.15-05-2019 2/3 recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal antecedent and have been falsely implicated in the aforesaid case. He submits that petitioners are languishing in judicial custody since 16.03.2019 and one of the co-accused who was apprehended along with the petitioners has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 29084 of 2019 dated 02.05.2019.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations, materials on record and that the petitioners do not bear any criminal antecedent as stated in para-3 of the present application coupled with the fact that one of the co-accused on similar allegation has already been granted the privilege of bail, let the petitioners above named be enlarged 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 the learned Special Judge (Excise), Patna in connection with Special Case No. 2842 of 2019 arising out of Belchhi P.S. Case No. 13 of 2019, subject to the condition that one of the bailors would be close relative of the petitioners

Patna High Court CR. MISC. No.29432 of 2019(3) dt.15-05-2019 3/3 having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioners. (Nilu Agrawal, J) devendra/- U T