Doman Singh @ Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45910 of 2022 Arising Out of PS. Case No.-156 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== 1.

Doman Singh @ Anil Singh Son Of Raman Singh @ Pawan Singh R/O Village- Jalpura, P.S.- Chandi, Dist.- Bhojpur, Ara 2.

Gorakh Mian @ Sahajad Ali Sonof Soharab Mian R/O Village- Jalpura, P.S.- Chandi, Dist.- Bhojpur, Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-09-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Chandi P.S. Case No. 156 of 2022 registered for the offence under Sections 307, 504 and 353 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioners are named in the F.I.R. and in custody since 27.06.2022.

The allegation against the petitioners is to fire upon

Patna High Court CR. MISC. No.45910 of 2022(2) dt.12-09-2022 2/3 police party, along with other co-accused persons and also to be involved in illegal trading of liquor, where there was recovery of 30 liters country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that allegation of firing, against the petitioners, is very much general and omnibus. It is submitted that no incriminating material recovered from the possession of both of the petitioners, which may connect them with the present set of occurrence/recovery. It is further submitted that recovery of illicit liquor was not made from the conscious physical possession of the petitioners, who are men of clean antecedent, where name of the petitioners surfaced on the basis of unknown villagers who were not the eye witness of the occurrence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation to open fire, against both the petitioners, is very much general and omnibus, where name of the petitioners surfaced on the basis of disclosure made by unknown villagers, let both the petitioners, above named, are directed to be released on bail in connection with Chandi P.S. Case No. 156 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.45910 of 2022(2) dt.12-09-2022 3/3 of learned Exclusive Special Excise Court No.1, Bhojpur at Ara/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T