Patna High CourtCR. MISC./71267/2018bail granted

Arvind Kumar Singh And ORS v. The State Of Bihar

2019-01-16Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71267 of 2018 Arising Out of PS. Case No.-781 Year-2018 Thana- DEHRI TOWN District- Rohtas ======================================================

1. Arvind Kumar Singh

2. Amit Kumar @ Maiya @ Bhaiya, Both are Son of Sudarshan Singh @ Chhotan @ Chhotan Singh,

3. Purnwasi Singh @ Nagendra Singh, Son of Nepali Singh @ Nagendra Singh,

4. Kamlesh Kumar @ Kamlesh @ Guddu, Son of Umashankar Singh, All resident of Village- Bhaisahan, Police Station- Indrapuri, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 Heard Mr. Rajani Kant Singh, the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Dehri (Indrapuri) P. S. Case No. 781 of 2018 dated 30.08.2018 instituted for the offences under Sections 30 (a) and 34 of the Bihar Prohibition and Excise Act, 2016.

Approximately 449.8 liters of liquor was found during raid from a ditch. The names of the petitioners transpired in the statement of the Chaukidar. Beyond the aforesaid statement of the Choukidar, there was no other material to connect the petitioners with the aforesaid crime.

Patna High Court Cr.Misc. No.71267 of 2018(4) dt.16-01-2019 2/2 Learned counsel for the petitioners informed this Court that in the earlier cases lodged against the petitioners no. 2 and 4, they have been granted bail.

Considering the fact that the implication of the petitioners is only on the basis of the statement given by Chaukidar and nothing has been recovered from their constructive or personal possession, the petitioners, abovenamed, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned IInd Additional District and Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Dehri (Indrapuri) P. S. Case No. 781 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U