Ram Pravesh Singh @ Sri Ram Prabesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28370 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- NOKHA District- Rohtas ====================================================== RAM PRAVESH SINGH @ SRI RAM PRABESH SINGH, aged about-67 years, Male, Son of Late Shiv Pujan Singh Resident of Village- Sisirit Keshav Tola, P.S.- Nokha (Dharmpura), District- Rohtas at Sasaram. At present resident of Quarter No. B/161, Sector-3, H.E.C. Colony, P.S.- Dhurwa, District- Ranchi, State- Jharkhand.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018. The prosecution case is that 466.560 liters of foreign liquor was recovered from the Khalian which was situated in the field of this petitioner.

It is submitted on behalf of the petitioner that petitioner is retired employee of Heavy Engineering Corporation and aged about 67 years. Petitioner does not reside in the village and after retirement and he is living at Ranchi. It is

Patna High Court CR. MISC. No.28370 of 2019(3) dt.23-07-2019 2/2 further submitted that petitioner has got no connection with the aforesaid recovery and provision regarding search and seizure under Section 100 of the Cr.P.C. has not been followed. Petitioner has got no criminal antecedent Considering the facts aforesaid, let the above named petitioner be released on bail in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge (Excise), Rohtas at Sasaram in connection with Nokha (Dharmpura) P.S.Case No.40 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T