Rauki Singh @ Ranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10314 of 2018 Arising Out of PS.Case No. -367 Year- 2017 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Rauki Singh @ Ranjan Kumar Singh S/o Sri Vidyapati Singh, R/o VillageDhangai, P.S.- Bikramganj, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bikramganj P.S. Case No.367 of 2017 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar prohibition and Excise Act, 2016.

The allegation is regarding recovery of 30 litres of illicit liquor from a barren fieled.

The learned counsel for the petitioner submits that neither any recovery has been effected from the person of the petitioner nor the said field belongs to the petitioner. It is submitted that barring one case in which the petitioner is on bail,

Patna High Court Cr.Misc. No.10314 of 2018 (2) dt.27-02-2018 2/2 the petitioner is having a fair antecedent. It is further submitted that the provisions of Section 100 of the Cr.P.C. has not been complied with while preparing the seizure list, hence the entire seizure is itself vitiated.

Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the even of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of IInd Additional District and Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Bikramganj P.S. Case No.367 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) N.H./- U T