Naveen Singh And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.48078 of 2015 (2) dt.04-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48078 of 2015 Arising Out of PS.Case No. -66 Year- 2015 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Naveen Singh son of Upendra Singh, resident of VillageMachhargawan, Police Station- Yogapatti, District- West Champaran at Bettiah.
2. Bashisth Yadav son of Ramnath Yadav, resident of Village- Chandraha Rupwalia, Police Station- Bathwariya, District- West Champaran at Bettiah.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 04-11-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 461, 379/411/34 of the Indian Penal Code and 47(a) of the Excise Act.
The prosecution case is that the informant being the SHO of Balthar Police Station while patrolling found three persons near the sealed liquor shop. It is alleged that the accused persons took two cartoon country made from the sealed liquor shop when Ram Pukar Yadav was apprehended, who disclosed the name of the petitioners. The apprehended accused
Patna High Court Cr.Misc. No.48078 of 2015 (2) dt.04-11-2015 also disclosed that the petitioners along with apprehended accused were being working in the said liquor shop prior to its seal.
It is submitted by learned counsel for the petitioners that the recovery has not been made from the petitioners. There is nothing on record to suggest that the Excise Department has reported any matter with regard unsealing of the sealed liquor shop.
A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, West Champaran at Bettiah in connection with Balthar P.S. Case No. 66 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/- (Dinesh Kumar Singh, J) U T