Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74065 of 2019 Arising Out of PS. Case No.-208 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.

ANIL KUMAR SINGH Son of Late Bishwanath Singh Resident of Village - Kuwari Madan, P.S.- Mejarganj, Distt - Sitamarhi. 2.

Mukesh Kumar @ Mukesh Kumar Singh Son of Late Mahesh Singh Resident of Village - Kuwari Madan, P.S.- Mejarganj, Distt - Sitamarhi. 3.

Sanjay Kumar Sah Son of Ganeshi Sah Resident of Village - Kuwari Madan, P.S.- Mejarganj, Distt - Sitamarhi.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners in the present case are seeking regular bail in connection with Bathnaha P.S. Case No. 208 of 2019 registered under Sections 272, 273/34 and 414 of the Indian Penal Code and Section 30(a)(c) of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case, it is evident from the F.I.R. that the petitioners were caught while they were fleeing away and as such petitioners were

Patna High Court CR. MISC. No.74065 of 2019(2) dt.04-12-2019 2/3 not found either driving the vehicle nor inside the vehicle, nothing has been recovered from possession of the petitioners. Learned counsel submits that investigation has already been completed, charge-sheet has already been submitted and there being no criminal history of the petitioners and they are in custody since 24.09.2019. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances wherein investigation of this case has already been completed, charge-sheet has already been submitted and there being no criminal history of the petitioners and they are in custody since 24.09.2019, let the above-named petitioners be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge - cum - Special Judge, Excise Act, Sitamarhi, in connection with Bathnaha P.S. Case No. 208 of 2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance

Patna High Court CR. MISC. No.74065 of 2019(2) dt.04-12-2019 3/3 with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T