Randhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37339 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Randhir Singh 2.

Chhotu Singh Both are sons of Satyendra Singh and resident of Village - Chamahi, P.S. - Shikarganj, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md.Asif Kalim, Adv.

For the Opposite Party/s :

Mr.Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-06-2021 Heard both sides through video conferencing.

The petitioners apprehend their arrest in Chiraiya(Shikarganj) P.S. Case No.4 of 2020 registered under Sections 272, 273, 414 and 34 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act. The informant alleged that he got information that Randhir Singh, Chhotu Singh and Satyendra Singh along with others have brought Nepali saufi liquor from 5-6 motorcycles and they stocked liquor in husk room. On such, a raid was conducted. Randhir Singh and Chhotu Singh are said to have fled away. Satyendra Singh was apprehended. Huge quantity of liquor was recovered from the husk room and six motorcycles

Patna High Court CR. MISC. No.37339 of 2020(2) dt.25-06-2021 2/2 were also recovered.

The learned counsel for the petitioners submits that of course the petitioners are family members of Satyendra Singh but they were not arrested on the spot and nobody seen the petitioners bringing liquor but from the facts itself, it appears that petitioners after seeing the police managed to flee away and Satyendra Singh, the family member of the petitioners, was apprehended on the spot. There was definite information that these two petitioners along with Satyendra Singh and others brought liquor on six motorcycles and all the six motorcycles were seized. Huge quantity of liquor was also recovered from that husk room.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

If the petitioners surrender in the court below, learned court below shall consider the prayer for regular bail of the petitioners on its own merit without being prejudiced from the order of this Court.

(Prabhat Kumar Jha, J) Saurabh/- U T