Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38158 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- NOKHA District- Rohtas ====================================================== Surendra Singh, Son of Ram Naresh Ray, Resident of Mohalla- Kurmi Tola, Ward No. 5, P.S.- Nokha, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Sudama Singh, Advocate Sri Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Sri Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-07-2018 Heard Sri Sudama Singh, learned counsel, assisted by Sri Surendra Kumar Mishra, learned counsel for the petitioner and Sri Amit Kumar Rakesh, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Nokha P.S. Case No. 47 of 2018 , registered for the offence under Section 30(k), 37(g) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner by way of referring to the F.I.R. as well as seizure list submits that no recovery was affected from inside house of petitioner, rather in this case recovery of Indian make foreign liquor was shown from the

Patna High Court Cr.Misc. No.38158 of 2018(2) dt.04-07-2018 2/2 straw house of petitioner, and as such, it is a case for grant of anticipatory bail. He further submits that it is true that petitioner was made accused in a case, but in that case he has already been granted bail. It has also been reiterated that earlier petitioner was never made accused for commission of offence under the Bihar Prohibition and Excise Act, 2016.

Besides hearing, I have perused the F.I.R. and seizure list. On going through the same, it is evident that there was recovery of huge quantity about 45 bottles of Indian make foreign liquor and petitioner is accused for offence under Section 302/ 201 of the I.P.C., and as such, there is no reason to extend the privilege of anticipatory bail to the petitioner. The petition stands dismissed.

(Rakesh Kumar, J) praful/- U T