Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49661 of 2023 Arising Out of PS. Case No.-185 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.

Ajit Singh, aged about 25 years, Male Son of Loha Singh @ Satrudhan Singh.

2.

Sonu Singh @ Rudrapratap Singh, aged about 22 years, Male Son of Loha Singh @ Satrudhan Singh.

3.

Satrudhan Singh @ Loha Singh, aged about 70 years, Male Son of Late Jagarnath Singh.

All resident of Village- Jalaibar, P.S.-Bhagwanpur, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Bhagwanpur P.S. Case No. 185 of 2023 dated 29.06.2023 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, there is recovery of 75.94 liters of different brands of liquor in the poultry farm of the petitioners and during raid they fled away.

Patna High Court CR. MISC. No.49661 of 2023(2) dt.11-08-2023 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to village politics. All the family members have been made accused in the present case on the instance of local Chowkidar, with whom the petitioners have some dispute. Petitioner nos. 1 and 2 are student preparing for competitive examination and petitioner no. 3 is very old, aged about 70 years. Petitioner nos. 1 and 3 have no criminal antecedents and petitioner no. 2 has one criminal antecedent in which he is on bail. Petitioners have no concerned with the recovered liquor.

5. Learned APP opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the above named petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise No. 2-cumA.D.J.-VII, Kaimur at Bhabua /or other transferee Court of Special Judge, Excise Act in connection with Bhagwanpur P.S. Case No. 185 of 2023, subject to the conditions laid down in

Patna High Court CR. MISC. No.49661 of 2023(2) dt.11-08-2023 3/3 Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Anand Kr.

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