Virendra Singh @ Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4903 of 2020 Arising Out of PS. Case No.-106 Year-2019 Thana- MAKER District- Saran ====================================================== Virendra Singh @ Birendra Singh, S/o Late Asharfi Singh, R/o villageChainpur Phulwaria, P.S.- Maker, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Maker P.S. Case No. 106 of 2019, registered under Sections 188 and 272 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016, pending in the court of 10th Additional Sessions Judge-cum-Special Judge, Excise Act, Saran at Chapra.

The accusation is that in course of patrolling duty, the informant and other police personnel received information about keeping the illicit liquor at village Chainpur Phulwaria by Birendra Singh (petitioner) and Pintu Singh, both son of late Asarfi Singh, the informant along with other police personnel

Patna High Court CR. MISC. No.4903 of 2020(3) dt.10-06-2020 2/2 reached there. On seeing the police party, two persons succeeded to flee away from the house. On search from the Dalan of the house, one person was apprehend, who disclosed his name as Chotu Kumar, son of Birendra Singh (petitioner), from where, two drums containing 400 litres spirit was recovered.

Learned counsel for the petitioner submits that the Dalan, from where, two drums containing 400 litres spirit is said to recovered, is easy accessible to anyone. Further submission is that petitioner has no criminal antecedent. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T