Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1825 of 2020 Arising Out of PS. Case No.-509 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== RAKESH SINGH Son of Hardev Singh Resident of Village- Chandauli Ward No.08, P.S.- Ujiyarpur, Distt- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

8.520 liters of foreign liquor is said to have been recovered from the verandah of the house of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has no concern either with the seized liquor or any trade of liquor. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping

Patna High Court CR. MISC. No.1825 of 2020(2) dt.25-02-2020 2/2 of the said liquor in the verandah of his house. He has been falsely implicated in this case due to dirty village politics. He has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, subject to showing receipt of deposit of Rs.5000.00 (Rupees Five Thousand) in the Juvenile Justice Fund of the State Social Welfare Department and on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Samastipur in connection with Excise Case No.509 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T