Ranvijay Singh @ Dhikal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37431 of 2020 Arising Out of PS. Case No.-286 Year-2020 Thana- BANIAPUR District- Saran ====================================================== RANVIJAY SINGH @ DHIKAL SINGH son of Sharma Singh Resident of Usti, P.S.- Baniyapur, District- Saran at Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2021 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner apprehends his arrest in Baniyapur PS Case No. 286/2020 registered under Section 30 (a) of the Bihar Prohibition & Excise Act.

The informant alleged that on secret information house of Vinod Chaudhary was raided and 30 liters of spirit was recovered. Vinod Chaudhary was apprehended and he disclosed that he purchased the spirit from the petitioner and he was to prepare liquor from the spirit.

The learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner and on mere disclosure made by Vinod Chaudhary, from whose

Patna High Court CR. MISC. No.37431 of 2020(2) dt.30-06-2021 2/2 possession spirit was recovered, the petitioner has been made accused without verifying the facts about the purchase of spirit from the petitioner. The petitioner has no manner of concern with the spirit.

Taking into consideration the facts aforesaid and the fact that nothing has been recovered from the possession of the petitioner and name of the petitioner surfaced in the case on the basis of disclosure made by Vinod Choudhary from whose possession spirit was recovered, the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order shall be enlarged on bail on his 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 Act, Saran at Chapra in connection with Baniyapur PS case No. 286/2020, subject to conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

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