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Patna High CourtCR. MISC./57230/2022bail granted

Raghu @ Raghavendra Singh v. The State Of Bihar

2022-11-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57230 of 2022 Arising Out of PS. Case No.-318 Year-2022 Thana- BUXAR District- Buxar ====================================================== 1.

RAGHU @ RAGHAVENDRA SINGH Son of Sriman Narayan Resident of Krishna Nagar Colony, P.S- Buxar (Town) Dist- Buxar 2.

Daman Yadav @ Satrughan Singh Son of Late Keshav Yadav @ Keshav Prasad Singh Resident of Krishna Nagar Colony, P.S- Buxar (Town) DistBuxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Buxar (Town) P.S. Case no. 318 of 2022 instituted for the offence under Sections 30(a) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 51 litres of IMFL which was kept in front of house of petitioner no. 2. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioners have no concern with the alleged

Patna High Court CR. MISC. No.57230 of 2022(2) dt.18-11-2022 2/2 recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by apprehended accused persons before the police, which ahs got no evidentiary value in the eye of law. Neither the petitioners were arrested nor any incriminating article has been recovered from their possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Buxar (Town) P.S. Case no. 318 of 2022, he will be enlarged 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 learned Special Excise Court no. 1, Buxar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U