Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43785 of 2022 Arising Out of PS. Case No.-121 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== 1.

ASHOK SINGH S/O KAMESHWAR SINGH Resident of villageSalempur, P.S.- Chandi, District- Bhojpur. 2.

Hari Shankar Singh S/o Ravindra Singh Resident of village- Salempur, P.S.- Chandi, District- Bhojpur.

3.

Ramesh Singh S/o Sri Kishun Singh Resident of village- Salempur, P.S.- Chandi, District- Bhojpur.

4.

Mannu Singh S/o Krishna Bhagwan Resident of village- Salempur, P.S.- Chandi, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act.

70 litres of country made Mahua liquor has been recovered from the place of occurrence situated near Harki river. The petitioners are said to have fled away from the place of occurrence after seeing the police.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.43785 of 2022(2) dt.04-11-2022 2/2 present case. It is further submitted that the petitioner no.1 has got one criminal antecedent of similar nature and petitioners no.2, 3 and 4 have got no criminal antecedent as stated in paragraph-3 of the bail application. It is also submitted that there is no recovery from the conscious possession of the petitioners and nearby people disclosed the name of the petitioners.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners and submitted that the petitioners are members of the syndicate involved in manufacturing of illicit liquor.

Considering the fact that petitioners are members of the syndicate involved in manufacturing of illicit liquor, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected in connection with Chandi P.S. Case No.121 of 2022, pending in the court of learned Exclusive Special Excise Court, 1st, Bhojpur at Ara.

(Anjani Kumar Sharan, J) Sanjay/- U T