Rajdeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69672 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- ALOULI District- Khagaria ====================================================== Rajdeo Singh aged about 42 years ( Male) son of Ramashish Singh, resident of Village Haripur Nista, P.S. Allouli, District Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Allouli P.S. Case No. 179 of 2019, G.R. No. 1631 of 2019 registered under Section 30, 30(a), 30(b), 30(c) of the Bihar Prohibition and Excise Act, 2018.

The allegation against the petitioner as per the First Information Report is that the Police got information that in the field of Om Prakash Bhagat illicit liquor was being prepared for the purpose of selling it by the petitioner and others and thereafter, Police raided the place of occurrence i.e. the field of Om Prakash Bhagat and recovered 10 liters of illicit Mahua liquor.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69672 of 2019(2) dt.26-11-2019 2/3 petitioner has got no criminal antecedent and has falsely been implicated in this case inasmuch from perusal of the First information Report and the seizure list it would be evident that illicit liquor has been recovered from the field of one Om Prakash Bhagat. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner or the premises belonging to the petitioner and the name of the petitioner has transpired on the basis of secret information allegedly received by the Police. Having heard learned counsel for the parties and taking into consideration the fact that petitioner has got no criminal antecedent, no illicit liquor has been recovered from the conscious possession of the petitioner or premises belonging to the petitioner, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, let the petitioner, Rajdeo Singh in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order be released on anticipatory bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Khagaria in connection with Allouli P.S. Case No. 179

Patna High Court CR. MISC. No.69672 of 2019(2) dt.26-11-2019 3/3 of 2019, G.R. No. 1631 of 2019 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) praful/- U T