Neel Kamal Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23053 of 2018 Arising Out of PS. Case No.-19 Year-2018 Thana- Daudpur District- Saran ======================================================

1. Neel Kamal Singh Son of Vijay Singh

2. Javeed Mian @ Javed Ali Son of Mehandi Mian

3. Vikash Sah @ Kallu Sah Son of Surendra Sah All residents of village - Kohra Bazar, P.S. - Daudpur, District - Saran at Chapra.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

23-04-2018 Heard Sri Dewendra Narayan Singh, learned counsel for the petitioners and learned Addl. Public Prosecutor. Three petitioners, apprehending their arrest in Daudpur P.S. Case No. 19 of 2018 registered for offence under 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.

At the very outset, learned counsel for the petitioners has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioners are having clean antecedent. Besides this, it has been argued that near an orchard beside a school, police on secret information conducted raid. While the raid was being conducted, accused persons started fleeing and on chase, one of the accused person was apprehended, whose

Patna High Court Cr.Misc. No.23053 of 2018(2) dt.23-04-2018 2/2 name was Pramod Kumar Gupta. Before the police, he disclosed the name of petitioners and others, as associates, and only on the basis of confessional statement of co-accused, petitioners have been arrayed as accused.

Considering the fact that petitioners' name has come in the confessional statement of co-accused as well as the fact that petitioners are having clean antecedent, besides this, nothing has been recovered either from house or land of the petitioners, there is no reason to refuse the prayer for anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let aforesaid three petitioners namely (1) Neel Kamal Singh, (2) Javeed Mian @ Javed Ali and

(3) Vikash Sah @ Kallu Sah be enlarged 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. District & Sessions Judge - 6th, Saran at Chapra in connection with Daudpur P.S. Case No. 19 of 2018 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T