Bhawesh Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23232 of 2016 Arising Out of PS.Case No. -129 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictVAISHALI(HAJIPUR) ======================================================
1. Bhawesh Singh Son of Late Ram Jatan Singh Resident of Village - Ghataro, Police Station - Kartahan, District - Vaishali at Hajipur.
2. Ajay Rai Son of Santlal Rai Resident of Village - Kanchanpur Dhanushi, Police Station - Kartahan, District - Vaishali at Hajipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-05-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 47(a)(d), 51 and 51(a)(b) of the Bihar Excise Amendment Act, 2016. The prosecution case is that India made foreign liquor and country made liquor were recovered from the hutment situated in the mango orchard of co accused Lalan Singh. It is submitted by the learned counsel for the petitioners that only on suspicion that the petitioners indulged in liquor business, they have been named in the FIR. Learned counsel for the State has not controverted the fact that no recovery has been
Patna High Court Cr.Misc. No.23232 of 2016 (2) dt.24-05-2016 2/2 made from the petitioner.
Considering the fact that admittedly the recovery has been made from the orchard of co accused Lalan Singh and statement made in paragraph 3 of the petition that petitioner no. 1 has no criminal antecedent and petitioner no. 2 is accused in one other case but final form has been submitted in that case, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with C2 A 129 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T