Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17783 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- RISIYAP District- Aurangabad ====================================================== Santosh Singh Son of Rampukar Singh @ Pukar Singh Resident of Village - Karaiya, P.S.- Risiup, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Nivedita Nirvikar, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Risiup P.S. Case No. 12 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

1276 bottles of illicit liquor is said to have been recovered from the motor pump chamber of the petitioner. It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. The provision of section

Patna High Court CR. MISC. No.17783 of 2020(2) dt.11-06-2020 2/2 100 Cr.P.C has not been followed. The petitioner has got clean antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that huge quantity of illicit liquor has been recovered from the motor pump chamber of this petitioner.

Considering the facts aforesaid and the fact that huge quantity of liquor has been recovered from a motor pump chamber which belongs to this petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T