Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29994 of 2019 Arising Out of PS. Case No.-275 Year-2017 Thana- BASANTPUR District- Siwan ====================================================== 1.

Prince Kumar Son of Late Pappu Prasad Resident of Village-Rudalpur, P.S.- Jalalpur, District-Saran.

2.

Tarkeshwar Singh Son of Shivji Singh Resident of Village-Rudalpur, P.S.- Jalalpur, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2019 This is an application for grant of anticipatory bail in connection with Basantpur P.S. Case No. 275 of 2017 disclosing offences under Sections 272, 273, 420, 120B, 413, 414 of the Indian Penal Code and Section 30A, 38 and 41 of Bihar Prohibition and Excise Act, 2016.

Allegation as per the F.I.R. is that one Bolero vehicle made with an accident and police recovered 153 litres foreign liquor from the same. Petitioner is not named in the F.I.R. Later one his name transpires during the course of the investigation. Submission of learned counsel for the petitioner is that petitioners are innocent and have falsely been implicated in this case by the police on the instance of the local mukhiya. He

Patna High Court CR. MISC. No.29994 of 2019(3) dt.18-07-2019 2/2 has been made only on the basis of confidential report that earlier the vehicle was parked in front of their house. Heard learned A.P.P. also who was directed anticipatory bail but he also could not point out any facts other than the above report of the spy.

Having heard both sides in view of that facts and circumstances this application is allowed. Let the petitioners above named , in the event of their arrest or surrendr before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of IInd Additional Sessions Judge-cum-Special Judge, Excise Siwan in connection with Basantpur P.S. Case No. 275 of 2017 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Rahul/- U T