IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41036 of 2020

Arising Out of PS. Case No.-34 Year-2020 Thana- JAMOBAZAR District- Siwan

======================================================

1.

RAKESH SINGH @ RAKESH KUMAR SINGH S/O LATE BACHHA

SINGH R/O VILLAGE MARACHHI PS JAMO BAZAR, DISTRICT-

SIWAN.

2.

SATISH KUMAR S/O NAGENDRA SINGH R/O VILLAGE MARACHHI

PS JAMO BAZAR, DISTRICT-SIWAN.

3.

MANISH KUMAR S/O SUDESH SINGH R/O VILLAGE MARACHHI PS

JAMO BAZAR, DISTRICT-SIWAN.

... ... Petitioners.

Versus

THE STATE OF BIHAR

... ... Opposite Party.

======================================================

Appearance :

For the Petitioners

:

Mr. Rajiv Kumar, Advocate.

For the State

:

Mr. Satyendra Narayan Singh, A.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR

MISHRA

ORAL ORDER

2

30-07-2021

As prayed for, through Video Conferencing, let the

learned counsel for the petitioners remove the defect(s), as

pointed out by the office vide its notes dated 30.12.2020, within

four weeks of starting of the Court proceeding in physical mode

in normal course.

Heard learned counsel for the petitioners and the

learned A.P.P. for the State, through Video Conferencing.

The petitioners apprehend their arrest in connection

with Jamo Bazar P.S. Case No.34 of 2020 registered under

Sections 272, 273 and 308/34 of the Indian Penal Code besides

Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.41036 of 2020(2) dt.30-07-2021

2/3

The accusation is that in course of patrolling duty, the

informant along with other police personnel received secret

information to the effect that Manish Kumar (petitioner no.3),

Satish Kumar (petitioner no.2) and Rakesh Singh (petitioner

no.1) are indulged in doing the business of illicit liquor and have

kept the liquor in the bamboo clumps, situated near the poultry

farm in village-Marachhi. Thereafter, the informant along with

other police personnel reached there. On seeing the light of the

Police Jeep, three persons started to flee away. While they were

chased but they succeeded to flee away, taking the advantage of

the darkness. On search of the bamboo clumps, situated near

the poultry farm, several bottles of liquor in the volume of

24.960 liters were recovered. The spy and the local people

disclosed the name of the petitioners indulged in doing the

business of illicit liquor.

Learned counsel for the petitioners submits that the

petitioners were not apprehended on the spot nor the seized

bottles of liquor were recovered from the house of the petitioner.

Due to dirty village politics, the petitioners, who have no

criminal antecedents, have falsely been implicated in this case.

Having considered the facts and the circumstances of

the case, let the petitioners, above named, in the event of their

Patna High Court CR. MISC. No.41036 of 2020(2) dt.30-07-2021

3/3

arrest or surrender by them within six weeks from today, be

enlarged on bail on their furnishing bail bond of Rs.10,000/-

(Rupees Ten Thousand) each with two sureties of the like

amount each to the satisfaction of the 2^nd Additional Sessions

Judge-cum-Special Judge (Excise), Siwan, in connection with

Jamo Bazar P.S. Case No.34 of 2020, subject to the conditions

laid down under Section 438(2) Cr.P.C.

P.S./-

(Rajendra Kumar Mishra, J)

U

T