Sakindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3752 of 2022 Arising Out of PS. Case No.-141 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== Sakindra Singh Son of Late Panchu Singh @ Pochu Singh @ Panchanand Singh Resident of Village - Kumar , P.S.- Sikandra, Dist.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Sikandra P.S. Case No. 141 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the seizure list, total 222 litres of foreign liquor has been recovered from the poultry farm of this petitioner. It is submitted on behalf of petitioner that poultry farm in question does not belong to this petitioner. Similarly situated co-accused has been granted bail by this Court vide order dated 20.12.2021 passed in Cr. Misc. No. 60989 of 2021. Counsel for the State however, vehemently opposed the prayer for bail and submitted that from bare perusal of

Patna High Court CR. MISC. No.3752 of 2022(4) dt.07-09-2022 2/2 seizure list it appears that the alleged recovery of 222 litres of illicit liquor has been made from the poultry farm of this petitioner. The petitioner cannot claim parity with the coaccused Jitendra Singh who has been granted regular bail by this court as no incriminating article has been recovered from his possession or from his premises.

In view of the aforesaid fact, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act. (Prabhat Kumar Singh, J) vinita/- U T