Shailesh Singh @ Shailesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53173 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- DIGHWARA District- Saran ====================================================== 1.

SHAILESH SINGH @ SHAILESH KUMAR SINGH Son of Anand Prasad Singh 2.

Arun Singh @ Arun Kumar Singh Son of Virendra Singh Both are resident of Village- Malkhachak, Police Station- Dighwara, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Giridhar Gopal Tiwary For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2019 Heard both sides.

The petitioners apprehend their arrest in Dighwara P.S. Case No.151 of 2019 registered under Section 307 and other minor Sections of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act. The informant, a police officer, alleged that Nepali Singh of village Malkhachak was illegally selling liquor, on such, a raid was conducted and two persons managed to flee away from the house of Nepali Singh. The villagers disclosed the name of those two persons who managed to flee away as Brajesh Singh @ Nepali and Sonu Singh, both sons of Shailendra Singh. The informant further alleged that on search,

Patna High Court CR. MISC. No.53173 of 2019(2) dt.26-08-2019 2/2 liquor was recovered from the house of Nepali Singh but villagers attacked on the police personnel. The informant named twelve persons who were apprehended. It is submitted that thereafter the police also named some persons in which the names of the petitioners also surfaced. It is submitted that petitioners did not participate in the occurrence. The name of the petitioners has falsely been implicated in the case. Golu Singh and five others have already been granted anticipatory bail by order dated 30.07.2019 passed in Cr. Misc. No.47112 of 2019. The case of the petitioners stands on the same footing.

Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J. XIth, Saran in connection with Dighwara P.S. Case No.151 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.