Rajnish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79738 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- ISUAPUR District- Saran ====================================================== 1.

RAJNISH SINGH Son of Ranju Singh Resident of Village - Tedha, P.S.- Isuapur, District - Saran.

2.

Ranju Singh @ Rangu Singh Son of Shivpujan Singh Resident of Village - Tedha, P.S.- Isuapur, District - Saran.

3.

Rohit Singh @ Barem @ Bare Son of Ram Vinesh Singh Resident of Village - Tedha, P.S.- Isuapur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Isuapur P.S. Case No. 163 of 2019 for the offence punishable under Sections 30, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 440 liters of spirit from the bank of river.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is further submitted that the petitioners are having a clean

Patna High Court CR. MISC. No.79738 of 2019(3) dt.12-12-2019 2/2 antecedent. It is further submitted that the place from the illicit liquor has been recovered, does not belong to the petitioners and the petitioners do not have any connection with the said illicit liquor, hence the provisions of the Bihar Prohibition and Excise Act are not attracted.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned 11th Additional Sessions Judge-cum- Spl. Judge, Excise, Saran in connection with Isuapur P.S. Case No. 163 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T