Kameshwar Singh @ Kameshwar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81527 of 2023 Arising Out of PS. Case No.-376 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== 1.

Kameshwar Singh @ Kameshwar Ray Son Of Mahavir Ray @ Mahavir Singh Resident Of Village - Kothiyar Tola, P.S. - Satgama, Pin - 825132, District - Koderma 2.

Mahendra Singh Son Of Hemli Ray @ Hemli Singh Resident Of Village - Kothiyar Tola, P.S. - Satgama, Pin - 825132, District - Koderma ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivek Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Rajauli P.S. Case No. 376 of 2023 dated 12.07.2023, registered for the offence punishable u/s 30(d)/41 of the Bihar Prohibition Excise and Amendment Act, 2018, pending in the court of learned Exclusive Special Excise Court-II (Cum Special Excise Court), Nawada.

3. The prosecution case, in short, is that on a secret information, police raided, in which 1500 litres of fermented mahua, one mobile phone and other utensils have been recovered from the spot. It is further alleged that after seeing

Patna High Court CR. MISC. No.81527 of 2023(2) dt.21-12-2023 2/2 the police, the accused persons started fleeing away from the place of occurrence.

4. The petitioners are quite innocent and have been falsely implicated in this case due to previous grudge. The allegations levelled against the petitioners is general and omnibus in nature. Petitioners have been made accused on the basis of secret information.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected.

7. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) annpurna/- U T