Ashok Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46831 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== 1.
ASHOK SINGH SON OF PUNA SINGH RESIDENT OF VILLAGENAWADIH, PO- HARDIYA, PS- RAJAULI, DISTT- NAWADA 2.
KISHUN SINGH SON OF KEWAL SINGH RESIDENT OF VILLAGENAWADIH, PO- HARDIYA, PS- RAJAULI, DISTT- NAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivek Kumar Sinha, Advocate For the Opposite Party/s :
Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(A)(D) and 41 of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the petitioners have antecedent of one case and allegation is of recovery of 50 liters of liquor from a forest area.
4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession, it is next submitted that they came to be implicated at the instance of Chowkidar
Patna High Court CR. MISC. No.46831 of 2023(2) dt.24-07-2023 2/2 with whom they are on an inimical term. It is further submitted that even the alleged recovery is from a place which is accessible to public at large.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. 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 Rajauli P.S. Case No. 131 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T