Pawan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.55282 of 2016 (3) dt.03-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55282 of 2016 Arising Out of PS.Case No. -315 Year- 2016 Thana -BANIAPUR District- SARAN ====================================================== Pawan Singh, S/o Ram Prit Singh, resident of Village- Berui, P.S.- Baniyapur, District- Saran at Chapra..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Baniyapur P.S. Case No. 315 of 2016 registered for the offence punishable under Section 30(a) of the Bihar Excise Act, 2016. Allegedly, from the veranda of the house of the petitioner one cartoon containing 24 bottles of Officers Choice foreign liquor each containing 375 ml. was recovered. Submission is of false implication and that in veranda anyone can put the articles, it is an open space, the petitioner is not the only member of his house, there are so many family members, copy of seizure list was not given to any of the family members of the petitioner and as such the petitioner deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, considering

Patna High Court Cr.Misc. No.55282 of 2016 (3) dt.03-02-2017 the alleged recovery, I am not inclined to grant privilege of prearrest bail to the petitioner, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T