Sanjay Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47076 of 2018 Arising Out of PS.Case No. -428 Year- 2018 Thana -SONEPUR District- SARAN ======================================================

1. Sanjay Kumar Singh, Son of Radha Mohan Singh, resident of Village Baijalpur, P.S. Sonepur, District- Saran.

2. Shailendra Kumar Alias Shailendra Ram, Son of Baleshwar Ram, No.2 is resident of Village- Sawaich, P.S. Sonepur, District- Saran.

3. Santosh Kumar Chaudhary alias Raju Chaudhary, Son of Rameshwar Chaudhary alias Lagan Chaudhary.

4. Uday Pratap Singh alias Uday Singh, Son of Late Dinanath Singh, Nos. 3 and 4 are residents of Village- Barbatta P.S.- Sonepur, District- Saran.

5. Subodh Kumar Singh, Son of Late Awadhesh Singh, No. 5 is resident of Village Dudhalia Bazar, P.S. Sonepur, District- Saran.

6. Ajit Kumar Singh alias Guddu Singh alias Ajit Singh. Son of Lallan Singh, No. 6 is resident of Village- Ahirapatti, Police Station- Sonepur, District- Saran.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Najmul Hoda For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections-419, 354A(II) of the Indian Penal Code and Section-37(a) of the Bihar Prohibition and Excise Act, 2016. It has been submitted on behalf of the petitioners that except petitioner No. 2, rest petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The informant is a private party. Due to political rivalry, he got the present case instituted. The

Patna High Court Cr.Misc. No.47076 of 2018 (2) dt.06-08-2018 petitioners are husbands of respective Ward Commissioners. There is no recovery of liquor from conscious possession of the petitioners. Except the CD, submitted by the informant, no other substantive evidence is there to suggest the implication of the petitioners. Nothing incriminating has been recovered from the conscious possession of the petitioners. The other co-accused namely, Amzad Hussain, having similar allegation, has been granted anticipatory bail by this Court vide order dated 20-072018 passed in Cr. Misc. No. 35193 of 2018. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 6th A.D.J. Saran in connection with Sonepur P.S. Case No. 428 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T