Patna High CourtCR. MISC./28531/2022disposed

Ritesh Singh v. The State Of Bihar

2022-09-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28531 of 2022 Arising Out of PS. Case No.-190 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== RITESH SINGH son of Vidya Singh Resident of Village - Jalalpur, shanichara Tola, Police Station - Daraunda, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Earlier the prayer for bail of this petitioner was rejected by a Co-ordinate Bench of this Court passed in Cr. Misc. No.34106 of 2020 vide order dated 17.03.2021. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It is a case of recovery of country made liquor which was kept in a plastic bag.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that for the same offence, the mother of the petitioner

Patna High Court CR. MISC. No.28531 of 2022(2) dt.02-09-2022 2/2 was involved in this case for one offence and it is also submitted that incriminating wine was recovered from the house of petitioner and it is also submitted that his mother had been arrested at the time of alleged recovery of incriminating wine. It is also submitted that similarly situated co-accused, namely, Abhay Singh has already been granted anticipatory bail passed in Cr. Misc. No. 33692 of 2020.

Learned APP appearing for the State opposed the anticipatory bail.

Accordingly, this application is disposed of with a direction to the petitioner to surrender before the court below and pray for regular and the court below may consider his prayer for bail after hearing the submission of learned counsel for the petitioner.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U