Amit Kumar @ Amit Singh @ Lala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14484 of 2020 Arising Out of PS. Case No.-786 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

AMIT KUMAR @ AMIT SINGH @ LALA Son of Shatrughan Singh @ Jagru Singh 2.

Shatrughan Singh @ Jagru Singh Son of Basudeo Singh Both are resident of Village-Ambara, P.S.-Saraiya, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Adv.

For the Opposite Party/s :

Ms.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2020 Heard both sides through Video Conferencing.

The petitioners apprehend their arrest in Saraiya P.S. Case No.786 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act.

The informant got information that in the line hotel of petitioner No.2, liquor was being supplied to the customers and on such, a raid was conducted. When the police arrived at the line hotel, Amit Kumar @ Amit Singh @ Lala(petitioner No.1), who runs the hotel, managed to flee away. One Bablu Kumar, the staff of the hotel, was apprehended and from a room of the hotel, empty as well as filled bottles of liquor were recovered.

Patna High Court CR. MISC. No.14484 of 2020(2) dt.02-09-2020 2/3 Petitioner No.2(Shatrughan Singh @ Jagru Singh) is said to be the owner of the hotel.

The learned counsel for the petitioners submits that petitioner No.1, who is the son of petitioner No.2, was running the line hotel but nothing has been recovered from the conscious possession of petitioner No.2 who is an old man and who is the owner of the line hotel. Petitioner no.2 was not even found present in the line hotel.

Taking into consideration the facts aforesaid, let the petitioner No.2,(Shatrughan Singh @ Jagru Singh), in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Saraiya P.S. Case No.786 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as the case of petitioner No.1(Amit Kumar @ Amit Singh @ Lala) is concerned, he is the son of petitioner No.2 and in fact, he was running the line hotel and in his presence, his staff was serving liquor to the customers. On raid, empty as well as filled bottles of liquor were recovered.

Patna High Court CR. MISC. No.14484 of 2020(2) dt.02-09-2020 3/3 Considering the facts aforesaid, I am not inclined to enlarge the petitioner No.1 on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the learned court below shall consider the regular bail of the petitioner No.1 without being prejudiced by the order of this Court.

(Prabhat Kumar Jha, J) Saurabh/- U T