Patna High CourtCR. MISC./19090/2019disposed

Rajiv Kumar Singh v. The State Of Bihar

2019-03-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19090 of 2019 Arising Out of PS. Case No.-518 Year-2018 Thana- BARH District- Patna ====================================================== Rajiv Kumar Singh, Son of Late Rambalak Singh, Resident of Bichali Malahi, Police Station- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhanshu Shekhar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in connection with Barh P.S. Case No.518 of 2018 registered for the offences punishable under Sections 30(a), 37 (c) of Bihar Prohibition and Excise Act, 2016.

It is alleged that from the kitchen of the restaurant of the petitioner, 300 ml Indian Made Foreign Liquor along with five empty liquor bottles were recovered and two persons were apprehended namely Jitendra Kumar and Santosh Kumar who disclosed the name of persons escaped from the scene and one of them is the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case

Patna High Court CR. MISC. No.19090 of 2019(2) dt.29-03-2019 2/2 and recovery has been made from an open area. It is further submitted that the petitioner is not having any criminal antecedent, statement to that effect is made in paragraph no.3 of the bail application.

Considering the quantity of recovery from the kitchen of the petitioner's dhaba, it is a case for consideration of regular bail. Let the petitioner surrender before the Court below within six weeks and pray for regular bail and it is expected from the Court below to dispose of the application, preferably, on the same day to the satisfaction of the learned Special Judge, Excise, Patna in connection with Barh P.S. Case No.518 of 2018.

(Dinesh Kumar Singh, J) sanjeev/- U T