Patna High CourtCR. MISC./57852/2023bail granted

Mintu Singh @ Vikash Singh v. The State Of Bihar

2023-10-11Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57852 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== 1.

MINTU SINGH @ VIKASH SINGH son of Surendar Singh Village- Siswa Narsingh P.S.- Kalyanpur Dist- East Champaran 2.

ARBIND RAM son of Mohan Ram Village- Kunwarpur Bhatwaliya P.S.- Kalyanpur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Narayan Singh, Advocate.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-10-2023 Heard Mr. Shambhu Narayan Singh, learned counsel appearing on behalf of the petitioners and Mr. Khurshid Anwar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Kalyanpur P.S. Case No. 241 of 2023 registered for the offence punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Prosecution story, in brief, is that on search, 163 litres of English Liquor and 06.480 litres of country made liquor was recovered from the seized tempo.

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have falsely been implicated in the case due to enmity. Petitioners have no concern either with the seized liquor or seized tempo. Nothing incriminating has been recovered from

Patna High Court CR. MISC. No.57852 of 2023(2) dt.11-10-2023 2/2 the conscious physical possession of the petitioners. Petitioners have clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation made against the petitioners, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 241 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U