Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15131 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== Anil Singh S/o Bharath Singh, Resident of Village- Mahuli, P.S.- Krishnagarh (Sinha O.P.), District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2019 Heard both sides.

The petitioner apprehends his arrest in Barhara P.S. Case No.12 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The police got secret information that Anil Singh (petitioner) and one Munna Yadav had kept huge quantity of liquor under sand situated by the side of the river and they are trying to transport the same across the river. A raid was conducted. 3-4 persons are said to have fled away. It is alleged that huge quantity of liquor was recovered from the sand situated by the side of the river. Thereafter the house of Munna Yadav was also searched and 110 bottles each containing 180 ml liquor were recovered but the house of petitioner was also searched but nothing was recovered.

Patna High Court CR. MISC. No.15131 of 2019(2) dt.12-03-2019 2/2 Learned counsel for the petitioner submits that save and except the secret information, there is no material against the petitioner. The petitioner has got no criminal antecedent. Nothing has been recovered from the house of the petitioner. Having considered the facts that even after recovery of liquor by the side of the river, the house of petitioner was searched but nothing has been recovered, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cumSpecial Judge, Excise, Bhojpur at Ara in connection with Excise Case No.51 of 2019 arising out of Barhara P.S. Case No.12 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.