Rana Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53493 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- DAUDPUR District- Saran ====================================================== 1.

Rana Singh, Son Of Hareshwar Singh Resident Of Village - Mairwa, Police Station - Daudpur, District - Saran 2.

Bhim Singh @ Ravi Singh, Son Of Hareshwar Singh Resident Of Village - Mairwa, Police Station - Daudpur, District - Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioners submits that the petitioner no.1 is person with clean antecedent and petitioner no.2 has antecedent of one case, but inadvertently at Para-3, it has been recorded that both the petitioners are persons with clean antecedent. It is next submitted that the allegation is of recovery of 19.440 litres of liquor from the house of Bhola Sah.

4. The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.53493 of 2023(2) dt.18-08-2023 2/2 petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and they came to be implicated at the instance of Chaukidar with whom he is on an inimical term. It is next submitted that even alleged recovery is from a place, which does not belong to the petitioners.

5. Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judgecum-Special Judge Excise-1, Saran at Chapra or his successor in connection with Daudpur P. S. Case No.58 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T