Raushan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60482 of 2018 Arising Out of PS. Case No.-236 Year-2018 Thana- TEGHRHA District- Begusarai ======================================================

1. Raushan Singh S/o Arjun Singh,

2. Arjun Singh S/o Late Ram Charitra Singh, Both Residents of Village- Barauni, P.S.- Teghra, DistrictBegusarai. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Bikramdeo Singh, Adv.

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Smt. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-12-2018 Heard Sri Bikramdeo Singh, learned counsel, assisted by Sri Ashok Kumar, learned counsel for the petitioners and Smt. Sharda Kumari, learned Addl. Public Prosecutor.

Two petitioners, apprehending their arrest in Teghra P.S. Case No.236 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act,2016, have prayed for grant of bail, in the event of their arrest or surrender.

Learned counsel for the petitioners submits that both petitioners have falsely been made accused in the present case. He submits that no recovery was made from

Patna High Court Cr.Misc. No.60482 of 2018(4) dt.12-12-2018 2/3 the conscious possession of either of the petitioners, rather from a field recovery of huge quantity of Indian Make Foreign liquor as well as country made liquor was shown. Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail. She has drawn my attention to the statement made in paragraph no.3 of the petition to show that petitioner no.1 Raushan Singh was earlier also made accused relating to offence under the Bihar Prohibition and Excise Act,2016.

Accordingly, since the petitioner no.1 Raushan Singh is having criminal antecedent, there is no reason to entertain the anticipatory bail petition.

The prayer for anticipatory bail in respect of petitioner no.1 Raushan Singh stands dismissed. So far as petitioner no.2 Arjun Singh is concerned, considering the nature of accusation as well as the fact that he is having clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let petitioner no.2, namely, Arjun Singh be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.60482 of 2018(4) dt.12-12-2018 3/3 learned Addl. Sessions Judge-II, Begusarai-cum- Special Judge, Excise Act in connection with Teghra P.S. Case No.236 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J.) nawalkrs/- U T