Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31456 of 2021 Arising Out of PS. Case No.-271 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== VIJAY SINGH Son of Arjun Prasad Singh Resident of Village - Ramdiri ward No. - 6, P.S.- Matihani, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise Case no. 271C2/2020 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Prosecution case relates to recovery of 8.250 litres IMFL from the outer toilet situated in western side of the house. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his

Patna High Court CR. MISC. No.31456 of 2021(3) dt.23-03-2022 2/2 conscious possession. It is further submitted by learned counsel for the petitioner that petitioner is HIV positive person. Learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner is a habitual offender.

Having heard learned counsel for the parties and taking into consideration that the alleged toilet 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 may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U