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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48066 of 2019 Arising Out of PS. Case No.-253 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== RAJNISH KUMAR SINGH @ RAJNISH SINGH, S/O- Dharmdev Singh, Resident of Village- Rampur, P.O.- jaipur, P.S. Nirmalpur, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gyanendra Kumar Shukla For the Opposite Party/s :

Mr.Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case got initiated on the basis of written report of Satya Kishore Singh submitted before the Station House Officer, Sasaram (Muffasil) is to the effect that after having received an information to the effect that co-accused, Anuj Singh is doing trade of illegal liquor near a poultry farm, a raid was laid, when two persons on seeing the police fled away from the scene. On frisking, 10 litres of country made liquor

Patna High Court CR. MISC. No.48066 of 2019(2) dt.01-08-2019 2/3 were recovered from there along with 300 liters of fermented Mahua which was destroyed. The informant came to know through secret sources that the petitioner Rajnish Kumar Singh and co-accused Anuj Singh were managing the manufacture and sale of illicit liquor.

It is submitted by learned counsel for the petitioner that the petitioner was neither apprehended on the spot nor he has any concern with the seized liquor and only on the basis of suspicion, the petitioner has been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the name of the petitioner transpired during investigation. Considering the quantity of recovery from an open area coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 Special Judge, Excise, Sasaram, in connection with Sasaram (Mufasil)

Patna High Court CR. MISC. No.48066 of 2019(2) dt.01-08-2019 3/3 P.S. Case No.253 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T