Dilip Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14035 of 2020 Arising Out of PS. Case No.-325 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== DILIP SINGH S/o Rameshwar Singh R/o village- Shankarpur, P.S.- Baikunthpur, District- Gopalganj.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Arbind Kumar Singh, Advocate.

For the State :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Baikunthpur P.S. Case No.325 of 2019 registered under Sections 272 and 273/34 of the Indian Penal Code besides Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving the secret information about selling the liquor by Dilip Singh (petitioner) and his brother Pramod Singh in the house of Masan Sai, situated in village-Shankarpur, the informant along with other police personnel reached there and searched the house of Masan Sai but he was found absent in his house. On search of his house, 78 bottles, each containing 375 ml., and 45 bottles, each

Patna High Court CR. MISC. No.14035 of 2020(2) dt.12-06-2020 2/3 containing 180 ml., Indian Made Foreign Liquor were recovered. Thereafter, information was also received about keeping the liquor by Ravindra Singh in his house, then his house was searched, where he and his son were found present and on search of his house, 130 liters, each containing 375 ml. Indian Made Foreign Liquor, were recovered. Thereafter, on search, from behind the house of Sunil Singh, one drum, containing 200 liters country made liquor, was recovered. Learned counsel for the petitioner submits that it would appear from the F.I.R. that no incriminating was recovered from the house of the petitioner. Only the police received information about selling the liquor by the petitioner and his brother Pramod Singh in the house of Masan Sai, situated in village-Shankarpur. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Gopalganj, in connection with

Patna High Court CR. MISC. No.14035 of 2020(2) dt.12-06-2020 3/3 Baikunthpur P.S. Case No.325 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T