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Patna High CourtCR. MISC./33291/2020bail rejected

Kumar Mritunjay @ Mritunjay Singh @ Chhotu Singh v. The State Of Bihar

2021-03-09Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33291 of 2020 Arising Out of PS. Case No.-925 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== KUMAR MRITUNJAY @ MRITUNJAY SINGH @ CHHOTU SINGH Son of Late Gupteshwar Pd. Singh Resident of Village - Jaisinghpur pulwaghat, P.S.- Turkauliya, District - East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 07.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 925 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of the learned Additional Sessions JudgeVII-cum-Special Judge, Excise, Motihari, East Champaran. The accusation is that on receiving secret

Patna High Court CR. MISC. No.33291 of 2020(2 ) dt.09-03-2021 2/2 information about selling of illicit liquor by Chhotu Singh (Petitioner), the informant along with other Police personnel reached there. On seeing the Police party, some persons started fleeing, while they were chased, but they succeeded to flee away. On search of Varandah of house of petitioner Kumar Mritunjay @ Mritunjay Singh @ Chhotu Singh, 102 bottles, each containing 375 ML Indian made foreign liquor, recovered. Learned counsel appearing on behalf of petitioner submits that while it is alleged in the F.I.R. that 102 bottles, each containing 375 ML Indian made foreign liquor, recovered from the Varandah of the petitioner, but seizure-list shows that Police has not taken pain of taking signature of the family members of the petitioner on seizure-list.

Having considered the facts and circumstances of the case and the nature of offence against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected.

(Rajendra Kumar Mishra, J) manish/- U T