Ashok Singh @ Ashok Rao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64742 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== Ashok Singh @ Ashok Rao Son Of Late Hemanchal Rao @ Hawenchal Rao Village- Laukariya Mauja Tola Ps- Bairiya Dist- W.Champaran ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-10-2023 Heard Mr. Anant Kumar Mishra, learned counsel appearing on behalf of the petitioner and learned counsel for the Additional Public Prosecutor for the State.

2. The petitioner apprehend his arrest in connection with Bairiya P.S. Case No. 90 of 2023, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The police on a tip of information with regard to the trade of illicit wine raided the place of occurrence, however, on noticing the police party, allegedly one person fled away by throwing his plastic bag. In course of search, total 8.6 litres of country made liquor was found. It is further alleged that the

Patna High Court CR. MISC. No.64742 of 2023(2) dt.17-10-2023 2/3 local Chowkidar identified the person, who succeeded in fleeing away as the petitioner.

4. It is submitted on behalf of the petitioner that from the seizure list, it is evident that the alleged recovery has been made beside the house of the petitioner from a baswari, which is a public place accessible to all and the petitioner cannot be held responsible for the same. It is further submitted that only on account of a past criminal antecedent of identical nature, his name has been implicated in this case on mere suspicion, that too on the basis of a secret information and disclosure of the local Chowkidar. He next submitted that there are other infirmities in the search and seizure and moreover the identification as has been alleged in the present case appears to be quite doubtful as the raid was conducted in the night at about 8.00 PM.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from an open place accessible to all and the identification of the petitioner appears to be doubtful, let the petitioner abovenamed be released on bail, in the event of his

Patna High Court CR. MISC. No.64742 of 2023(2) dt.17-10-2023 3/3 arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 90 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) shoaib/- U T