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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49774 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Arbind Kumar Singh @ Arbind Kumar @ Arbind Singh, Son of Birendra Singh Resident of Village - Karjpura, P.S.- Itadhi, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Buxar (M) P.S. Case No.05 of 2019 for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner, as mentioned in the FIR is that police upon secret information that petitioner and others were indulged in hiding liquor, raided the place of occurrence and recovered a total quantity of 2324.37 litres of illicit liquor from Khalihan of three persons, namely, Baidyanath Shau, Haribans Kuswaha, Shyam Bihari Singh. Learned counsel for the petitioner submits that petitioner has falsely been implicated on the basis of some

Patna High Court CR. MISC. No.49774 of 2019(2) dt.08-08-2019 2/2 information allegedly received by the police. It has further been submitted that no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner, as would be evident from the FIR and seizure list itself. As such, the submission is that no prima facie case against the petitioner is made under Excise Act.

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 illicit liquor has been recovered from the possession and Khalihan of co-accused and not from the possession of the petitioner, as such, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Spl. Judge (Excise), Buxar, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. sanjeev/- (Anil Kumar Sinha, J) U T