Balram Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31567 of 2018 Arising Out of PS. Case No.-142 Year-2018 Thana- PARWATTA District- Khagaria ======================================================

1. Balram Singh, S/o Late Tarni Singh

2. Nitish Singh, S/o Balram Singh

3. Rupesh Singh, S/o Balram Singh All resident of Village- Tamtha Raka, P.S. Parwatta, DistrictKhagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Pawan Kumar Singh, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-06-2018 Heard Sri Pawan Kumar Singh, learned counsel for the petitioners and learned Additional Public Prosecutor. Three petitioners i.e. petitioner no. 1 and his two sons (i.e. petitioner nos. 2 and 3) , have approached this court for grant of bail in the event of their arrest or surrender in connection with Parwatta P.S. Case No. 142 of 2018, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners at the very outset has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioners are having clean antecedent. It has further been argued that nothing was recovered from conscious possession of petitioners, rather from

Patna High Court Cr.Misc. No.31567 of 2018(2) dt.12-06-2018 2/2 the piled up sand opposite of chicken shop of petitioner no. 1 Police on secret information recovered country made liquor kept in number of pouches and it was alleged as if petitioners were involved in concealing the said liquor. On aforesaid ground petitioners have been made accused.

Considering the nature of accusation, clean antecedent of petitioners and the fact that nothing was recovered from the house or chicken shop of petitioners, in the event of their arrest or surrender within a period of six weeks from today, let aforesaid three petitioners namely, Balram Singh, Nitish Singh and Rupesh Singh respectively be enlarged on 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 learned 3rd Addl. Sessions Judge cum Special Judge ( Excise ) Khagaria / concerned court in connection with Parwatta P.S. Case No. 142 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