Upendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27235 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Upendra Singh, Son of Late Harishankar Singh,

2. Amit Kumar Singh, Son of Arvind Singh,

3. Santan Kumar Singh, Son of Sri Narayan Singh, Resident of VillageLaukaha, P.S.- Chakia, District- East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-08-2017 Heard Sri Pramod Kumar Pandey, learned counsel for the petitioners and Sri Ram Sevak Choudhary, learned Addl. Public Prosecutor.

Three petitioners, apprehending their arrest in Chakia P.S. Case No.97/2017 registered for the offence under Sections 272/ 273/290 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail, in the event of their arrest or surrender. It was submitted by learned counsel for the petitioners that in the present case, recovery of Indian Make Foreign liquor was shown from a building of State Boring and on secret information, the police has falsely implicated the

Patna High Court Cr.Misc. No.27235 of 2017 (3) dt.10-08-2017 2/2 petitioners. It has been argued that the building, from where liquor was recovered, was admittedly a government premises and, as such, there was no occasion for the petitioners to keep liquor in the said building. He submits that there was recovery of huge quantity of Indian Make Foreign Liquor and it has come that the petitioners are involved in trade of liquor.

Considering the fact that recovery was made admittedly from premises, which was not of the petitioner, rather it was a government premises, there is no reason to deny the prayer for anticipatory bail of the petitioners. Let the petitioners, namely, (i) Upendra Singh (ii) Amit Kumar Singh and (iii) Santan Kumar Singh , in the event of their arrest or surrender within six weeks from today, 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 learned Addl. Chief Judicial Magistrate XIII, East Champaran at Motihari in connection with Chakia P.S. Case No.97/2017 , subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U T