Chandeshwar Singh @ Madhusan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29187 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== Chandeshwar Singh @ Madhusan Singh Son Of Ram Sundar Singh Resident Of Village- Bargaiyan, P.S.- Bikramganj, District- Rohtas (Sasaram) ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Chhote Lal Mishra, Advocate For the Opposite Party :
Mr. Amitesh Kumar A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in Bikramganj Police Station Case No. 4/2020 registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act. As per FIR, 5 liters of country made liquor has been recovered from the house of the petitioner.
Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no incriminating material has been recovered from the conscious possession of the petitioner rather the alleged illicit liquor has been recovered from his semi constructed house. Petitioner has got no criminal antecedent.
Learned counsel for the State submits that as the
Patna High Court CR. MISC. No.29187 of 2020(3) dt.06-01-2021 2/2 recovery of illicit wine is from the house of the petitioner, as such the petitioner does not deserve anticipatory bail. In view of the above, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without being prejudiced by this order.
(Prabhat Kumar Singh, J) Shashi U T