Vinay Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12014 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Vinay Singh, Son of Ramlakhan Singh, Resident of Village- Adri, P.S.- Deo, District- Aurangabad.

2. Vikash @ Bikram Singh, Son of Ram Pravesh Singh, Resident of Village- Anjan, P.S.- Madanpur, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Town Aurangabad PS case no. 15 of 2018 registered for the offences punishable under Sections 30(a), 38 (1) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 23 ltrs. of illicit liquor from the house and motorcycle of petitioner no. 1. The learned counsel for the petitioners submits that neither any recovery has been effected from the house of petitioners herein nor any recovery has even been effected from the motorcycle of petitioner no. 1. It is further submitted that the provisions of Section 100 of Code of Criminal Procedure has not been complied with, hence

Patna High Court Cr.Misc. No.12014 of 2018 (2) dt.28-02-2018 2/2 the seizure itself is doubtful. Petitioner no. 2 is stated to be having a clean antecedent while the petitioner no. 1 is said to be implicated in one another case of similar nature but he is on bail in that case. Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs.

Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VII-cumSpecial Judge (Excise), Aurangabad in connection with Town Aurangabad PS case no. 15 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.