Laptu Singh @ Abhinandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36436 of 2020 Arising Out of PS. Case No.-111 Year-2020 Thana- DAUDPUR District- Saran ====================================================== Laptu Singh @ Abhinandan Singh Son of Late Bharat Singh resident of village- Bangra, P.S.- Daudpur, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2021 Heard both sides through video conferencing.

The petitioner apprehends his arrest in Daudpur P.S. Case No.111 of 2020 registered under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act.

The S.H.O. of Daudpur alleged that on 26.05.2020, he got information that liquor was being sold in the house of Laptu Singh @ Abhinandan Singh in village Siswa Khurd. The informant and others proceeded to verify the information. The informant saw that Laptu Singh @ Abhinandan Singh was handing over some articles to the agnates of the house of Dilip Mahto but seeing the police Laptu Singh fled away. On search, 129.60 liters of liquor was recovered from the house of Dilip Mahto.

Patna High Court CR. MISC. No.36436 of 2020(3) dt.24-06-2021 2/2 The learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. During the course of investigation, the witnesses have stated that the petitioner was not even present in his village. On the date of occurrence, he had gone to doctor for the treatment of his wife but it appears that informant specifically named the petitioner after identifying him and disclosed that petitioner was handing over some articles to the agnates of Dilip Mahto and on search 129.60 liters of liquor was recovered. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, learned court below shall consider the prayer for regular bail of the petitioner without being prejudiced from the order of this Court. (Prabhat Kumar Jha, J) Saurabh/- U T