Jitendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53735 of 2017 Arising Out of PS. Case No.-56 Year-2017 Thana- Kochas District- Rohtas ======================================================

1. Jitendra Singh , son of Nanhu Singh

2. Sri Ram Singh, son of Late Bharat Singh Both residents of Mohalla-Ward No.3, Kochas, P.S. Kochas, DistrictRohtas ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Pranaya Shankar Sinha, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-11-2017 Heard Sri Pranaya Shankar Sinha, learned counsel for the petitioners and Sri Atul Chandra, learned Addl. Public Prosecutor.

Two petitioners, apprehending their arrest in Kochas P.S. Case No.56 of 2017 registered for the offence under Sections 30(a),35,38 of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail, in the event of their arrest or surrender. It was submitted by learned counsel for the petitioners that nothing was recovered from the conscious possession of the petitioners, rather petitioners were made accused on the basis of secret information of the police and, thereafter, a motorcycle was found near Ashok Studio and from that motorcycle, huge quantity of Indian Make Foreign Liquor was shown to be recovered. Learned counsel for the petitioners has drawn my

Patna High Court Cr.Misc. No.53735 of 2017(2) dt.10-11-2017 2/2 attention to the statement made in paragraph-3 of the petition to show that both petitioners are having clean antecedent. It has been reiterated that save and except secret information showing involvement of the petitioners, there is no direct material to connect the petitioners in the present case.

Considering the facts and circumstances as well as the clean antecedent, let both aforesaid petitioners, namely,(i) Jitendra Singh and (ii) Sri Ram Singh, in the event of his arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum- Special Court, Excise Act, Rohtas at Sasaram in connection with Kochas P.S.Case No.56 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T