Patna High CourtCR. MISC./21380/2024rejected

Rajesh Singh @ Rajeshwar Prasad Singh v. The State Of Bihar

2024-05-22Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21380 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- RAJIVNAGAR District- Patna ====================================================== Rajesh Singh @ Rajeshwar Prasad Singh Son of Uma Singh Resident of Village- Basudev Nagar Bela, Police Station- Isuapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Rajiv Nagar Police Station Case No. 47 of 2024 registered for the offence punishable under Sections 30(a) and 41(i) of Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 438.300 litres illicit liquor was recovered from the rented house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner and petitioner has got

Patna High Court CR. MISC. No.21380 of 2024(4) dt.22-05-2024 2/2 no criminal antecedent as stated in para 3 of the bail petition.

5. However learned APP for the State oppose the prayer for bail of the petitioner.

6. On perusal of the FIR, seizure list and impugned order dated 16.02.2024, it appears that on the basis of written report of the informant FIR was registered against the accused persons. Total 438.300 liters of english wine recovered from the rented house of the petitioner and Bhulan Singh was the owner of the said house.

7. Considering the aforesaid facts and circumstances of the case and serious allegation levelled against the petitioner, I am not inclined to grant bail to the petitioner.

8. Prayer for anticipatory bail of the petitioner is hereby rejected.

9. However, the petitioner is directed to surrender before the trial court and pray for regular bail and the trial court shall consider his prayer for regular bail without being prejudiced by this order.

(Ramesh Chand Malviya, J) saurabhkr/- U T