Jaishankar Singh @ Jatashankar Singh @ Jato Singh @Jay Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37670 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- BARHIYA District- Lakhisarai ====================================================== 1.

JAISHANKAR SINGH @ JATASHANKAR SINGH @ JATO SINGH @JAY SHANKAR S/O RAMPADARATH SINGH @ NAKO SINGH R/OGangasarai, PS. Barahiya, Dist. Lakhisarai 2.

PUJA DEVI W/O JAI SHANKAR SINGH @ JATO SINGH @ JATASHANKAR SINGH @ JAY SHANKAR R/O- Gangasarai, PS. Barahiya, Dist. Lakhisarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent and is a woman and allegation is of recovery of two liters of liquor from the street in front of the house of the petitioner.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.37670 of 2023(2) dt.23-06-2023 2/2 was recovered from their conscious possession, it is next submitted that even the alleged recovery is from a place which does not belong to the petitioners.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barahiya P.S. Case No. 44 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T