Anil Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74962 of 2018 Arising Out of PS. Case No.-476 Year-2018 Thana- MADHAURAH District- Saran ======================================================

1. Anil Singh, Son of Late Sakaldev Singh

2. Manan Singh, Son of Anil Singh, Both Resident of Village- Gangoi, P.S.- Isuapur, Distt.-Saran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 272, 273 and 308 of the IPC and Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the self statement of Ram Baleshwar Rai, Inspector-cum-S.H.O., Madhoura Police Station is to the effect that on 09.10.2018, at 6.30 P.M., the informant received a secret information that six accused persons including the petitioners have brought spirit, when raid was laid and 950 litres of spirit kept in a drum, were recovered concealed in a bush near the canal.

Patna High Court Cr.Misc. No.74962 of 2018(2) dt.11-01-2019 2/2 It is submitted by learned counsel for the petitioners that recovery has not been made from the possession of the petitioners. A statement has been made in paragraph no.3 of the petition that though the petitioners are also involved in another case of similar nature, but they are on bail in the same. Learned APP submits that recovery has been made from the bush.

Considering the fact that no recovery has been made from the petitioners, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ADJ-VI, Chapra at Saran in connection with Madhoura P.S. Case No. 476 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T