Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12438 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== Anil Kumar Singh Son of Ramji Singh, resident of Village/Mohalla - Thakurbari, P.S.- Aurangabad Town, Distt - Aurangabad (Bihar) ... ... Petitioner

Versus

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

For the Petitioner :

Mrs. Leelawati Kumari, Advocate For the Opposite Party :

Dr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-11-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State via video conferencing.

2.

The petitioner seeks pre-arrest bail in connection with Aurangabad Muffasil P.S. Case No. 14 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3.

Considering the allegations made in the FIR, the materials collected during investigation, recovery of huge quantity of illicit liquor, the petitioner being one of the suppliers of illicit liquor and the bar created under sub-Section (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016 in the matter of grant of pre-arrest bail as also the ratio laid down by

2/3 the Full Bench of this Court in Ram Vinay Yadav vs. The State of Bihar since reported in (2019) 2 PLJR 1089, I am not inclined to grant him pre-arrest bail. The application for grant of pre-arrest bail is rejected.

4.

In case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order. 5.

Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Sr. Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding.

(iii) Hard copy of the order duly signed by me shall

3/3 be preserved in my residential office for documentation and future use, if any.

(iv) Let steps be taken by the Sr. Secretary/registry for up-loading of the present order without compromising with the norms of social distancing.

kanchan/- (Ashwani Kumar Singh, J) U T