Shiv Lakhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69425 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- SANDESH District- Bhojpur ====================================================== 1.

Shiv Lakhan Singh, Son of Briksha @ Birchha Singh, Resident of Village - Bichhiaon, P.S.- Sandesh, Distt - Bhojpur.

2.

Vijay Yadav @ Vijay Singh, Son of Keshav Singh, Resident of Village - Bichhiaon, P.S.- Sandesh, Distt - Bhojpur.

3.

Radhe Shayam Yadav, Son of Raj Kumar Yadav, Resident of Village - Bichhiaon, P.S.- Sandesh, Distt - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2019 This is an application for grant of anticipatory bail in connection with Sandesh P. S. Case No. 178 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per F.I.R. police on information raided the place of occurrence, seven persons succeeded in fleeing away from the spot after throwing the Gallen. The name of the petitioners were disclosed by the local Chowkidar. It is also alleged that 105 liters of country made liquor has been recovered from the place of occurrence.

Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case only at the

Patna High Court CR. MISC. No.69425 of 2019(2) dt.05-11-2019 2/2 instance of local Chowkidar. No independent witness has named these petitioners. They are not accused in similar type of cases. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned A.D.J.-cum-Special Judge, Excise Act, Bhojpur, Ara, in connection with Sandesh P. S. Case No. 178 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T