Subash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75362 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- RASULPUR District- Saran ====================================================== Subash Singh, S/o Ghinawan Singh @ Vijay Singh, Resident of VillageNawada, P.S. Rasulpur, District Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30/38 of Bihar Prohibition and Excise Act, 2016.

The prosecution case as per the self statement of Station House Officer of Rasulpur P.S. dated 25.10.2018 is to the effect that in the late evening when raids were being laid by the police at different places for apprehending the liquor dealers, secret information was received that the petitioner, Subash Singh and 4-5 unknown others have bought and hidden illicit

Patna High Court Cr.Misc. No.75362 of 2018(2) dt.15-01-2019 2/3 foreign liquor behind the bush. Consequently, 307.8 litres foreign liquor was recovered from the bush near Brahmsthan. It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been roped in the present case. It is further submitted that the recovery has not been made from the possession of the petitioner rather the recovery has been made from the bush. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that on secret information that the petitioner stored the foreign liquor and seized in huge quantity.

Considering the accusation suggesting the recovery of the said liquor from a bush, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge, Saran at Chapra in connection with Rasulpur P.S. Case No. 131 of 2018, subject

Patna High Court Cr.Misc. No.75362 of 2018(2) dt.15-01-2019 3/3 to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T