Navin Singh @ Navin Baba @ Navin Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65378 of 2019 Arising Out of PS. Case No.-252 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== NAVIN SINGH @ NAVIN BABA @ NAVIN KUMAR SINGH, Son of Late Rajeshwar Singh, Resident of Village - Kochgaon, P.S.- Warisaliganj, DistrictNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Nayan For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Warisaliganj Police Station Case No. 252 of 2019, disclosing offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner, as per the First Information Report, is that the house of the petitioner was raided by the police and the police recovered 6.750 litres of illicit liquor from the said house of the petitioner. Learned Counsel for the petitioner submits that the petitioner has falsely been implicate in this case. He further submits that nobody was present in the house at the time of raid

Patna High Court CR. MISC. No.65378 of 2019(2) dt.06-11-2019 2/3 and the seizure list was not prepared according to the provisions of Section 100 of the Code of Criminal Procedure, 1973. After having heard learned Counsel for the parties concerned and taking into consideration the fact that from perusal of the First Information Report and the seizure list, it is apparent that the illicit liquor has been recovered from the house of the petitioner. Accordingly, on perusal of the First Information Report and the seizure list, a prima facie case is made out against the petitioner and in view of the Full Bench decision of this Court, in Criminal Appeal (S.J.) No. 431 of 2019 (Ram Vinay Yadav v. The State of Bihar), I am not inclined to exercise my discretion for grant of anticipatory bail. This application is, accordingly, dismissed.

However, if the petitioner surrenders before the Court below within a period of two weeks from today and seek regular bail, his application for regular bail may be considered by the learned Court below on the same day on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √

Patna High Court CR. MISC. No.65378 of 2019(2) dt.06-11-2019 3/3