Patna High CourtCR. MISC./28243/2021bail rejected

Amod Singh @ Amod Kumar Singh v. The State Of Bihar

2022-02-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28243 of 2021 Arising Out of PS. Case No.-138 Year-2020 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== AMOD SINGH @ AMOD KUMAR SINGH S/o Dhuneshwar Singh @ Dhuna Singh R/o Village- Harail, P.S.- Mohiuddin Nagar, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.AAP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mohiuddin Nagar P.S. Case no. 138 of 2020 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 33 litres

Patna High Court CR. MISC. No.28243 of 2021(2) dt.03-02-2022 2/2 country made wine from the husk room of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. At the time of occurrence, petitioner was under treatment at Delhi. He has no concern either with the place of occurrence or with the alleged recovery.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged husk room belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U