Praveen Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9755 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- AMBA District- Aurangabad ====================================================== PRAVEEN KUMAR SINGH, aged about 21 years, Male, Son of Sri Binda Singh, Resident of Village - Simari Jaitiya, P.S.- Nabinagar, District - Aurangabad (Bihar) ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 10149 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- AMBA District- Aurangabad ====================================================== RAHUL KUMAR, aged about 20 years, Male, S/o Rajeshwar Yadav, R/o village- Ajarkabe Hasauli, P.S.- Aurangabad (Mufassil), District- Aurangabad ... Petitioner

Versus

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

(In CRIMINAL MISCELLANEOUS No. 9755 of 2020) For the Petitioner :

Mr. Anirudh Kumar Verma, Adv.

For the Opposite Party :

Mrs. Pushpa Sinha, APP (In CRIMINAL MISCELLANEOUS No. 10149 of 2020) For the Petitioner :

Mr. Anirudh Kumar Verma, Adv.

For the Opposite Party :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2020 Since, both the cases arise out of same police station case number, hence, are being heard together and disposed of by this common order.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek bail in connection with Amba P.S. Case No. 113 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

Patna High Court CR. MISC. No.9755 of 2020(2) dt.28-02-2020 2/3 The accusation is that on receiving secret information about carrying the illicit liquor loading on Scorpio vehicle, bearing registration no. JH-01AE-5367, the informant, along with other police personnel, reached at Amba Chowk and said vehicle seen coming. When signal was given to stop the vehicle, then, two persons started to flee away from vehicle, but, they were caught hold, who disclosed their name Praveen Kumar Singh and Rahul Kumar (petitioners). On search of vehicle, 24 bottles, each containing 500 ml beer of Kingfisher Company, 36 bottles, each containing 200 ml, 425 bottles, each containing 300 ml and 40 bottles, each containing 200 ml Indian made foreign liquor recovered.

Submission is that the petitioners are n ot the owner or the driver of the vehicle from which alleged bottles of liquor are said to be recovered. In fact, the petitioners were present there and mere on suspicion they have been apprehended. The petitioners have no criminal antecedent and are in custody since 21.12.2019.

Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with

Patna High Court CR. MISC. No.9755 of 2020(2) dt.28-02-2020 3/3 Amba P.S. Case No. 113 of 2019 to the satisfaction of the Additional Sessions Judge VII-cum-Special Judge, Excise, Aurangabad.

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