Pawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13809 of 2020 Arising Out of PS. Case No.-43 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== PAWAN KUMAR SINGH, S/o Vijay Singh, R/o village- Lakath Chhapra, P.S.- Rasulpur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Amarendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 09-07-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

The excise officials conducted raid at the house of the petitioner and in the heap of straw, 7.650 litres of English wine (Indian origin) were seized. The petitioner managed to escape therefrom.

It has been submitted at the end of the petitioner that the whole case is nothing but has been drawn up by the excise officials at the instance of his enemies. To justify the same, it has been submitted that had there been conduction of raid at the house of the petitioner, even having disappearance of the petitioner, would not have prevented the prosecution party to call the other family members including the wife, children of the

Patna High Court CR. MISC. No.13809 of 2020(2) dt.09-07-2020 2/2 petitioner, would have served a copy of the seizure list upon them. In likewise manner, it has also been submitted that there happens to be no disclosure in the prosecution report nor in the seizure list who had pointed out the place to be the house of the petitioner. In the aforesaid facts and circumstances of the case, petitioner deserves anticipatory bail.

Learned Additional Public Prosecutor opposed the same.

Directing the petitioner to surrender before the learned lower court with a prayer for regular bail and during course of consideration of the same, the learned lower court will consider the points having been raised at the present moment as discussed hereinabove properly and will pass order in accordance with law.

In terms thereof, the instant petition is disposed of. (Aditya Kumar Trivedi, J) skpathak/- U T