Rajiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46549 of 2019 Arising Out of PS. Case No.-234 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rajiv Kumar Singh, Son of Late Indradeo Singh Resident of Village - Rahatpur, Ramnagar, P.S.- Suryagarha, Distt - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar Mr. Mayank Bilochan For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Lakhisarai P.S. Case No.234 of 2019 for the offence punishable under Section 30(a), 37(a) (b) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police recovered one Royal Stag Whisky bottle (containing 3/4th of 375 ml) from the dickey of the motorcycle along with one Royal Stage 750 ml open bottle.

Learned counsel for the petitioner submits that petitioner is innocent and not committed any offence in the manner alleged as the police has not found that the petitioner

Patna High Court CR. MISC. No.46549 of 2019(2) dt.26-07-2019 2/2 was consuming the liquor.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the illicit liquor has been recovered from the vehicle of the petitioner, accordingly, in view of Full Bench judgment passed in Cr. Appeal (SJ) No.431 of 2019, I am not inclined to exercise my discretion under Section 438 of Cr.P.C. As such the present anticipatory bail application is rejected.

However, if the petitioner surrenders before the Court below within a period of fifteen days from today and seeks regular bail, the learned Court below shall consider his application for regular bail on the same day taking into consideration the fact that the small quantity of liquor has been recovered from his motorcycle.

(Anil Kumar Sinha, J) sanjeev/- U T