Golu Kumar @ Golu Singh @ Anurag Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9788 of 2022 Arising Out of PS. Case No.-46 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== GOLU KUMAR @ GOLU SINGH @ ANURAG KUMAR Son of Ramjee Singh Resident of Village - Khuthadih, P.S.- Barahiya, Distt.- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmod Kumar For the Opposite Party/s :
Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and the State.
Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.
As per the prosecution case, 58.05 liters foreign liquor was recovered from the Bhuskar/straw hut of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. The mandatory provision of law for search and seizure given under section 100 Cr.P.C. has not been followed. There is no independent witness of the
Patna High Court CR. MISC. No.9788 of 2022(2) dt.08-07-2022 2/2 seizure list. Petitioner has got no criminal antecedent. Learned counsel for the State submits that the recovery has been from the straw house of the petitioner. Considering the allegation that recovery has been from the straw house of the petitioner, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without being prejudiced by this order. (Prabhat Kumar Singh, J) shashi/- U T