Dishant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32272 of 2020 Arising Out of PS. Case No.-291 Year-2019 Thana- CHENARI District- Rohtas ====================================================== Dishant Kumar Singh, Son of Late Arun Kumar Singh, resident of Village - Mohammadpur, P.s.- Sheosagar, District- Rohtas at Sasaram ... Petitioner

Versus

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

For the Petitioner :

Mr. Jai Prakash Singh, Adv.

For the Opposite Party :

Mr. Praveen Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 27.11.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks pre-arrest bail in connection with Chenari P.S. Case No. 291 of 2019, registered under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty a vehicle was seen moving in fast speed. When the signal was given to stop the vehicle, then, two persons, after stopping the vehicle, started to flee away, but, on chase, they were apprehended, who disclosed their names as Kumar Amrendra

Patna High Court CR. MISC. No.32272 of 2020(2) dt.05-03-2021 2/3 Singh, son of late Arun Singh, and Lalan Rai, son of late Ramnandan Rai. On search of Suzuki Wagon 'R' vehicle, bearing registration no. BR-45J-1014, on the seat a plastic bag was found containing three bottles, each of 750 ml of Indian made foreign liquor. On breath analyzer test both caught hold persons were found in drunken state.

Submission is that the petitioner is not named in the first information report. In course of investigation it has come that the vehicle from which three bottles of Indian made foreign liquor recovered, is belonging to the petitioner. In fact, the petitioner is the owner of the seized vehicle, but, unfortunately, without giving information co-accused, Kumar Amrendra Singh, brother of the petitioner, moved with the vehicle of the petitioner and, thereafter, vehicle was seized, as such, the petitioner had no knowledge about keeping the liquor by his brother in vehicle. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Chenari P.S. Case No. 291 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.32272 of 2020(2) dt.05-03-2021 3/3 satisfaction of the Additional Sessions Judge II-cum-Special Court, Excise, Rohtas at Sasaram, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

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