Kamlesh Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33735 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- KARAKAT District- Rohtas ======================================================
1. Kamlesh Singh, Son of Shiv Kumar Singh
2. Prabhu Dayal Singh @ Banaras , Son of Prashuram Singh
3. Jagrup Singh , Son of late Budhan Singh
4. Anish Kumar @ Rajnish Singh , Son of Jagarnath Singh
5. Vivek @ Budhan Singh @ Abhay, Son of Jagarnath Singh
6. Abhay Kumar @ Ajay Kumar , Son of Harikishun Singh All resident of village - Bharat Kasba, P.S.- Karakat (Gorari), District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Sri Jitendra Narain Sinha, Advocate For the Opposite Party/s :
Sri Yogendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Jitendra Narain Sinha, learned counsel for the petitioners and Sri Yogendra Kumar, learned Additional Public Prosecutor.
Six petitioners, apprehending their arrest in connection with Karakat P.S. Case No. 76 of 2018, registered for the offence under Section 30(a)/ 36 of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender. It was submitted by learned counsel for the petitioners that it is a peculiar case in which in field of a
Patna High Court Cr.Misc. No.33735 of 2018(3) dt.26-06-2018 2/3 village at about 2.00 in the night Police party arrived and it was claimed as if petitioners were identified in the torch light while fleeing away. It has been argued that recovery of wine was affected from an another village and petitioners have falsely been implicated as per instance of Choukidar of his own village. He has also drawn my attention to the statement made in paragraph no. 3 of the petition to show that all the petitioners are having clean antecedent.
In view of the facts and circumstances particularly the fact that petitioners have been claimed to be identified in the torch light in the night at 2.00 while fleeing away and particularly clean antecedent of petitioners, in the event of their arrest or surrender within a period of six weeks from today, let aforesaid petitioners (1) Kamlesh Singh, (2) Prabhu Dayal Singh @ Banaras, (3) Jagrup Singh, ( 4) Anish Kumar @ Rajnish Singh, (5) Vivek @ Budhan Singh @ Abhay , (6) Abhay Kumar @ Ajay Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional
Patna High Court Cr.Misc. No.33735 of 2018(3) dt.26-06-2018 3/3 District and Sessions Judge cum Special Judge, Excise, Rohtas at Sasaram / concerned court in connection with Karakat P.S. Case No. 76 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J) praful/- U T