Rakesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41687 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== Amar Kumar @ Amar Singh Son Of Satrudhan Singh Resident Of Village - Bairhi, P.S. - Jagdishpur, Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42822 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== Sonu Kumar @ Sonu @ Golu Son Of Jay Kumar Ray Resident Of Village - Surungapur, P.S.- Sandesh, District - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 43471 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== Rakesh Kumar Singh S/O Sanjay Singh R/O Village- Bairhi, P.S- Jagdishpur, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 41687 of 2023) For the Petitioner/s :
Mr.Prabhat Kumar Singh For the Opposite Party/s :
Mr.Nand Kumar (In CRIMINAL MISCELLANEOUS No. 42822 of 2023) For the Petitioner/s :
Mr.Shyameshwar Kumar Singh For the Opposite Party/s :
Mr.Rana Randhir Singh (In CRIMINAL MISCELLANEOUS No. 43471 of 2023) For the Petitioner/s :
Mr.Prabhat Kumar Singh For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 As all these bail applications have cropped up from the same police station case number, hence, with consent of
Patna High Court CR. MISC. No.41687 of 2023(2) dt.10-08-2023 2/3 parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
3. The petitioners apprehend their arrest in a case registered for the offences punishable Sections 30 (a), 32(I), (II), 41 (I),(II) of the Bihar Prohibition and Excise Act.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 1010.16 liters of foreign liquor is said to have been recovered from vehicle. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is violation of Section 100 Cr.P.C. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Petitioners are agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch,
Patna High Court CR. MISC. No.41687 of 2023(2) dt.10-08-2023 3/3 Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Jagdispur P.S. Case No. 109 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that (i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wife.
(ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.
7. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
devendra/- (Anjani Kumar Sharan, J) U T