Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40520 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- NAWANAGAR District- Buxar ====================================================== 1.

Mukesh Kumar Singh, S/o Heeralal Singh Resident of Village-Sonversa, P.S.-Navanagar (Sonversa), District-Buxar.

2.

Rakesh Singh S/o Heeralal Singh Resident of Village-Sonversa, P.S.- Navanagar (Sonversa), District-Buxar.

3.

Ramakant Singh S/o Rajendra Singh Resident of Village-Maniyan, P.S.- Navanagar (Sonversa), District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Navanagar P.S. Case no. 92 of 2019, registered under Sections 341, 323, 332, 504 and 506/34 of the Indian Penal Code and Section 30(a) and 45 of the Bihar Prohibition and Excise Act.

The accusation is that on receiving the secret information about selling of illicit liquor by the Dharmendra Singh in his house, the informant and other Police personnel reached there then some persons started to abuse to the

Patna High Court CR. MISC. No.40520 of 2019(2) dt.02-07-2019 2/2 informant, anyhow, four persons were apprehended, who disclosed their names as Dharmendra Singh, Rajesh Kumar, Kamal Kishore Singh and Raj Kishore Singh, who also disclosed the name of petitioners, who succeeded to flee away. On search, of house of Dharmendra Singh 13.9 liters India made foreign liquor recovered.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that petitioners were not apprehended on the spot rather their names surfaced in confessional statement of co-accused, who were apprehended on the spot. The petitioners have no criminal antecedent. 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the A.D.J.-II-cumSpecial Judge, Excise Act at Buxar in connection with Navanagar P.S. Case No. 92 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T