Pradeep Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53921 of 2018 Arising Out of PS.Case No. -466 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================
1. Pradeep Singh,
2. Ranjeet Singh, both sons of Shankar Singh,
3. Shankar Singh, S/o. Lalji Singh, all R/o. Village- Bhantapokhar, P.S.- Siwan Muffasil, District- Siwan.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case registered for the offence punishable under Sections 272, 273, 308, 420 and 34 of the Indian Penal Code and Sections41(i), 30(a) (b), (c) and 35 of the Bihar Prohibition and Excise Act, 2016.
25.920 litres of foreign liquor is said to have been recovered from the bush and two accused persons, namely Mithun Bansfor and Prahalad Bansfor were apprehended. They disclosed the name of petitioners as their fleeing accomplices. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no
Patna High Court Cr.Misc. No.53921 of 2018 (2) dt.31-08-2018 2/2 concern either with the seized liquor or with the place of recovery. They have been falsely implicated in the case by the apprehended accused persons due to animosity. Barring the aforesaid disclosure of the apprehended accused there is nothing on record to indicate the complicity of the petitioners in the occurrence. They were not apprehended on the spot. Petitioner no. 1(Pradeep Singh) is 80% disabled by his leg and they have been languishing in custody since 23.07.2018.
Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge- 2nd cum Special Judge, Excise, Siwan in connection with Siwan Muffasil P.S. Case No. 466 of 2017. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T