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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75842 of 2024 Arising Out of PS. Case No.-243 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

Arun Singh @ Arun Kumar Singh, S/o- Jagdish Singh Village - Kuari Madan, P.S. - Majorganj, Dist. - Sitamarhi 2.

Pankaj Singh, Son of Krishna Dev Singh, Village - Kuari Madan, P.S. - Majorganj, Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-11-2024 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Majorganj P.S. Case No. 243/2024 registered on 05.08.2024 for the offenses punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, a total recovery of 225 liters of Nepali Saufi Liquor is the subject matter of the present case.

4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. The alleged liquor has not been recovered from the physical possession of the petitioners nor the petitioners have

Patna High Court CR. MISC. No.75842 of 2024(2) dt.12-11-2024 2/2 any concern with the seized alleged liquor. The petitioners are very poor people and they earn their livelihood by doing labour work. The antecedents of the petitioners are not clean as petitioner no.1 is accused in one more criminal case whereas petitioner no.2 is accused in two more criminal cases.

5. Learned APP for the State vehemently opposes the prayer for bail of the petitioners and submits that the antecedents of the petitioners are not clean as apart from the present case, petitioner no.1 is accused in one case whereas petitioner no.2 is accused in two more cases of similar nature.

6. Considering the fact that the antecedents of the petitioners are not clean, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners in connection with Majorganj P.S. Case No. 243/2024, pending before the Exclusive Special Excise Judge-1, Sitamarhiis hereby rejected.

7. The petitioners are directed to surrender before the Trial Court and pray for regular bail.

(Dr. Anshuman, J) Ashwini/- U T