Rajeev Singh @ Rajeev Kumar Singh @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34034 of 2020 Arising Out of PS. Case No.-34 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== RAJEEV SINGH @ RAJEEV KUMAR SINGH @ RAJEEV KUMAR SON OF MOHAN SINGH RESIDENT OF VILLAGE - BABHANGAMA, P.S. - BEERPUR, DISTRICT- BEGUSARAI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Beerpur P.S. Case No. 34 of 2019 registered for the offences punishable under Sections 30 and 32 of the Bihar Prohibition and Excise Act, 2016.

It is the prosecution's case that on the basis of secret information that huge quantity of illicit liquor was stored in the house of one Biso Singh, they had conducted a raid and from the cache they recovered 124 cartons (1088.64 liters) of Indian made foreign liquor. There were four persons taking cartons out from a room, all of whom attempted to flee away on seeing the police. One of them was overpowered by the police and others

Patna High Court CR. MISC. No.34034 of 2020(5) dt.02-02-2021 2/3 managed to escape. The petitioner was not named in the F.I.R. His name transpired during the course of investigation. The person who was apprehended, confessed his involvement in illicit trade of liquor and disclosed that the petitioner was running the business under whom he was working. He has given detailed description of the mode and manner of illicit trade of liquor by the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that apparently the illicit liquor was seized from a place owned by one Biso Singh. He has contended that co-accused Sunder Kumar @ Awinash Kumar on the basis of whose confessional statement, the petitioner's name has surfaced, has been allowed regular bail by this Court by an order dated 10.06.2019 passed in Cr. Misc. No. 36207 of 2019. On careful perusal of the case diary, it transpires that the investigation has revealed that the petitioner was running the business of illicit liquor on large scale. He was apprehended by the police after much effort on 22.07.2020 when he was trying to flee away from the police. The F.I.R. was registered on 12.03.2019 and despite the fact that co-accused had disclosed his name on 13.03.2019 itself in his statement before the police recorded under Section 161 of the Cr.P.C., the

Patna High Court CR. MISC. No.34034 of 2020(5) dt.02-02-2021 3/3 petitioner could be apprehended only on 22.07.2020, as can be seen from paragraph 54 of the case diary.

Considering the petitioner's alleged involvement in trade of illicit liquor at large scale, I am not inclined to grant the petitioner privilege of regular bail for the present. This application is accordingly dismissed.

(Chakradhari Sharan Singh, J) AKASH/- U T