Patna High CourtCR. MISC./53156/2019partly allowed disposal

Ram Chandra Singh v. The State Of Bihar

2019-11-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53156 of 2019 Arising Out of PS. Case No.-211 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.

Ram Chandra Singh, aged about 75 years, Male, S/o Late Raghubir Singh 2.

Girja Devi, aged about 71 years, Female, W/o Ram Chandra Singh, both R/o village- Saidpur, P.S.- Dariyapur, Distt.- Saran at Chapra 3.

Raja Kumar, aged about 23 years, Male, S/o Chandeshwar Nut, R/o villageParsa Pokhar, P.S.- Parsa, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-11-2019 Learned counsel for the petitioners has filed supplementary affidavit stating therein that the petitioner no.1, namely, Ram Chandra Singh during the course of his treatment died in P.M.C.H., Patna on 08.08.2019.

Accordingly, the prayer for bail of petitioner no.1 is dismissed as having infructuous.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seeks bail in connection with Dariyapur P.S. Case No. 211 of 2019 registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a), 38, 41 of the Bihar Prohibition Excise Act, 2016. Learned counsel for the petitioners submits that there is no

Patna High Court CR. MISC. No.53156 of 2019(4) dt.16-11-2019 2/2 recovery of spirit from the conscious possession of the petitioners rather 406 liters of spirit was recovered from the back of the house. Learned counsel for the petitioners further submits that the petitioner nos.2 and 3 have no criminal antecedent and they are in jail custody since 20.06.2019.

In the facts and circumstances of the case, I am inclined to grant bail to the petitioner nos.2 and 3, subject to deposit of Rs.15,000/- in the court below and on deposit of the aforesaid amount, let the petitioner nos.2 and 3 above named 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 Additional Sessions Judge Xith, Saran at Chapra in connection with Dariyapur P.S. Case No. 211 of 2019.

Such deposit of Rs.15,000/- shall abide by the outcome of the criminal case.

(Anjani Kumar Sharan, J) Nasimul/- U T