Amit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60641 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

AMIT SINGH Son of Ashwani Singh 2.

Ranjeet Singh Son of Ashudev Singh Both are resident of Village-Jigna Pradhani Tola, P.S.-Mirganj, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.

The petitioners apprehend their arrest in Mirganj P.S. Case No.124 of 2019 registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

The police got information about keeping of liquor in Panchayat Bhawan. When the police reached there, they saw four persons including two petitioners namely, Amit Singh and Ranjeet Singh were fleeing away from the place of occurrence. On search, 18 liters of Indian made foreign liquor was recovered.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.60641 of 2019(2) dt.16-10-2019 2/3 there is no material to show that petitioner had kept liquor in the Panchayat Bhawan. Petitioners have falsely been implicated in the case but nothing has been recovered from the conscious possession of the petitioners.

It appears that petitioner No.1 has got criminal antecedent and he is accused in Uchakagaon P.S. Case No.82 of 2019 registered under different Sections of Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. Taking into consideration the fact that petitioner No.1 has got criminal antecedent, I am not inclined to enlarge the petitioner No.1 on anticipatory bail. Accordingly, the same is rejected.

So far as the case of petitioner No.2 is concerned, petitioner No.2 has got no criminal antecedent and nothing has been recovered from the conscious possession of the petitioner No.2.

Taking into consideration the facts aforesaid, let the petitioner No.2, namely, Ranjeet Singh in the event of his 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) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.60641 of 2019(2) dt.16-10-2019 3/3 the learned Additional Sessions Judge II-cum-Special Judge, Excise, Gopalganj in connection with Mirganj P.S. Case No.124 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T