Rajesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54990 of 2018 Arising Out of PS.Case No. -196 Year- 2018 Thana -MANJHI District- SARAN ======================================================
1. Rajesh Kumar, Son of Late Krishna, Resident of Village- Vihauli, P.S.- Bafeli, District- Panipat, Haryana.
2. Chand Singh, Son of Karan Singh, Resident of Village- Adiyana, P.S. Matloda, District- Panipat, Haryana.
3. Bijendra, Son of Balwan Singh @ Balwant Singh, Resident of VillageBhanwar, P.S. Ganaur, District- Panipat, Haryana. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in Manjhi P.S. Case No. 196/2018, instituted for the offences under Sections 188, 420, 120(B) of the Indian Penal Code read with sections 30, 30(a) and 38 of Bihar Prohibition and Excise Act, 2016.
As per written report, police party intercepted a truck bearing Registration No. PB 10CV 5517, from which total 5274 litres of illicit liquor has been recovered. Two persons, namely, Sukhdeo Singh and Bhairu Lal Dangi were found sitting in the aforesaid truck. It is alleged that Sukhdeo Singh disclosed that recovered wine was provided by one Rajesh Kumar and the same was to be delivered to Pappu Singh, Bhim Singh and Abhimanyu Singh, who are the wine
Patna High Court Cr.Misc. No.54990 of 2018 (3) dt.06-11-2018 2/2 businessmen. It is further alleged that wine was also to be delivered to Vinod Rai. Sukhdeo Singh further disclosed that owner of wine Rajesh Kumar along with his friend has stayed at Hotel Raj Darbar at Chapra. Thereafter, the informant along with seized articles and arrested persons reached at Hotel Raj Darbar, where seeing the police party three persons made attempt to run away, who were caught by the police. The apprehended persons disclosed their name as Vijendra, Rajesh Kumar and Chand Singh.
In this manner, from the written report itself, it appears that there is no recovery of any incriminating article from possession of these petitioners.
Petitioners are in custody since 28.07.2018.
Considering the aforesaid fact and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released 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 6th Addl. District & Sessions judge, Saran at Chapra in connection with Manjhi P.S. Case No. 196/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners.
(Sanjay Priya, J.) Rakhi U T