IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1150 of 2009 1. Vijay Singh 2. Sanjay Singh, Both sons of Sanjeevan Singh, resident of Bagmati Khata Janghi, Police Station-Hajipur Town, District-Vaishali 3. Pankaj Singh, Son of Late Tina Singh, resident of Village-Nauari Police Station-Runni Saidpur, District-Sitamarhi ------------------- Petitioners Versus STATE OF BIHAR ----------- For the petitioners :M/S Kanhaiya Prasad Singh, Sr.Advocate, And Atal Bihari, Advocate For the State : Mr.Jharkhandi Upadhaya, A.P.P. ---------- O R D E R 4 16-04-2009 The Petitioners, Vijay Singh and Sanjay Singh, two sons of the owner of the P.O. house , and Pankaj Singh, all of whom figure as F.I.R. named accused, are incarcerated in connection with Hajipur Town P.S. Case no.453 of 2008 registered under Section 47 A of the Excise Act and various Sections of the Penal Code as also Section 20(A)(B) of the Narcotic Drugs and Psychotropic Substance Act ( hereinafter referred to as “ the N.D.P.S. Act”) having been apprehended at the spot on 23.8.2008. The allegation against the petitioners is that they are engaged in manufacturing of illicit country made liquor and packing them in pouches of 200 ml. each by use of a packing machine and are also involved in selling Ganja. 1150 gms of Ganja were allegedly seized from the second floor of the house. Packing machine apart from manufacturing units, plastic drums and several volumes of illicit liquor were seized.It is said that the entire business was running under the direction of one Awadhesh Singh who had provided the packing machine and had taken the house on rent. Submissions advanced on behalf of petitioner Pankaj Singh is - 2 - that he is an outsider and had come to meet petitioner nos. 1 and 2 being a friend of the family. So far petitioner nos. 1 and 2 are concerned, it is submitted that they are sons of the house owner. It was further submitted that the Ganja alleged to have been recovered, being 1150 gms, was negligible and not recovered from the conscious possession of any of the petitioners. It was further submitted that they have no concern with the alleged manufacturing and packing of the illicit country made liquor and even if the story as propounded in the written report is taken at its face value the only allegation against the petitioners is of their being engaged in packing the said country-made liquor in pouches which by itself would not constitute any offence either under the Penal Code or under the N.D.P.S. Act or under the Excise Act. The petitioners have been arrested at the spot while packing illicit liquor in pouches and have also put their signature on the seizure list. Moreover, there is sufficient material in the case diary showing the complicity of the petitioners in the commission of the alleged crime. In the aforesaid circumstances, I am not inclined to grant bail to the petitioners at the present. Their prayer for bail is accordingly rejected. However, they may renew their prayer for bail after six months. NKS/- ( Abhijit Sinha, J )