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Patna High CourtCR. MISC./62515/2019disposed

Kedar Singh v. The State Of Bihar

2019-12-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62515 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- TARARI District- Bhojpur ====================================================== 1.

KEDAR SINGH Son of late Raja Singh Resident of Village- Dilia, P.S.- Tarari, District- Bhojpur.

2.

Dipak Raj @ Manoj Kumar Son of Lali Singh Resident of Village- Dilia, P.S.- Tarari, District- Bhojpur.

3.

Amarjeet Kumar Son of Kedar Singh Resident of Village- Dilia, P.S.- Tarari, District- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aditya Narayan Singh.1 For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2019 Petitioners seek bail in anticipation of their arrest in connection with Tarari P.S. Case No. 82 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 332, 333, 337, 338, 353, 427, 225 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. As per FIR police got an information that petitioners kept liquor and on that raided the house of one Lalu Singh and recovered liquor from his house and thereafter raided the house of petitioner No.3, who is son of petitioner No.1 and for that accused persons, including the petitioners attacked the police party and got the accused freed from the custody of police.

Submission of learned counsel for the petitioners is that there is no recovery from their possession and allegation is against

Patna High Court CR. MISC. No.62515 of 2019(4) dt.19-12-2019 2/2 several accused persons and petitioners have no criminal antecedent. Heard learned APP also.

In view of above facts and circumstances, let petitioner No.2, in the event of surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-IV-cum-Special Judge, Excise Act, Bhojpur, Ara, in connection with Tarari P.S. Case No. 82 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

So far petitioner Nos. 1 and 3 are concerned, I am not inclined to grant them privilege of anticipatory bail. They have to surrender and pray for regular bail.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U T