Patna High CourtCR. MISC./49284/2023bail granted

Nilkamal Singh v. The State Of Bihar

2023-08-11Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49284 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- DAUDPUR District- Saran ====================================================== 1.

NILKAMAL SINGH SON OF VIJAY SINGH @ VIJAY KUMAR SINGH VILL KOHARA BAZAR, PS- DAUDPUR, DIST- SARAN 2.

SONU KUMAR @ UDAI KUMAR SON OF SUNIL PRASAD VILL KOHARA BAZAR, PS- DAUDPUR, DIST- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2023

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Daudpur PS Case No. 58 of 2023 dated 21-02-2023 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the FIR, Police raided the house of the co-accused / Bhola Sah and recovered 19 liter 440 ml of illicit foreign liquor from the same. Upon inquiry, the name of the petitioners and others was disclosed by the arrested accused person / Bhola Sah and the local Chawkidar.

4. Learned counsel for the petitioners submits that petitioners have been implicated in this case on the basis of

Patna High Court CR. MISC. No.49284 of 2023(2) dt.11-08-2023 2/2 disclosure of their name by the Chawkidar as well as the arrested accused persons. No illicit liquor has been recovered from the conscious possession of the petitioners and / or premises belonging to them.

5. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the premises of the petitioners and / or their conscious possession, as such, I am inclined to grant anticipatory bail to the petitioners.

6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge II cum Special Excise Judge I, Saran at Chapra in connection with Daudpur PS Case No. 58 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U