Pintu Singh @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39291 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== Pintu Singh @ Amit Kumar, Son of Kishori Prasad Singh, Resident of - Belwar, Belvar, Paterhi Belsar, P.S.- Vaishali, Distt - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Namrata Mishra For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Vaishali (Belsar) P.S. Case No. 99 of 2019, registered under Sections 30(a)/32(2)/41(1) of the Bihar Excise Act, 2016. The accusation is that, on receiving secret information about loading and unloading of illicit liquor at Nagwa Chaur, informant along with other police personnel reached there and saw that near the brick kiln of petitioner, illicit liquors was being loading and unloading in the different vehicles. On seeing the police personal, the persons who were present there succeeded to flee away, while Ram Uday Prakash, Md. Maksud and Santosh Kumar Yadav were apprehended and the vehicles were seized. On search of the vehicles, 3742.32 litres of Indian made foreign liquors were recovered. On

Patna High Court CR. MISC. No.39291 of 2019(2) dt.27-06-2019 2/2 query, Ram Uday Prakash, Md. Maksud and Santosh Kumar Yadav disclosed the name of the petitioner saying that petitioner used to do the business of illicit liquor.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the aforesaid vehicles were not found in premises of brick kiln of the petitioner rather the same were found near the brick kiln but the name of the petitioner has came in the confessional statement of Ram Uday Prakash, Md. Maksud and Santosh Kumar Yadav. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Vaishali at Hajipur, in connection with Vaishali (Belsar) P.S. Case No. 99 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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