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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71869 of 2019 Arising Out of PS. Case No.-350 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

RAJESH SINGH @ RAJESH KUMAR SINGH Son of Jhallan Singh Resident of Village - Barari, P.S.- Chand, District- Kaimur at Bhabua 2.

Lallu Singh Son of Kapil Singh Resident of Village - Khamidaira, P.S.- Durgawati, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chainpur P.S. Case No.350 of 2019 registered under Section 30(A) of the Bihar Excise (Amendment) Act, 2018. The accusation is that on receiving information about keeping the liquor in the room inside the Chamber, situated towards the road connecting to Dhobri, the informant along with other police personnel reached there. On seeing the police vehicle, one person started to flee away from there but, on chase, he was apprehended, who disclosed his name as Om Prakash Pandey and admitted that the room inside the Chamber

Patna High Court CR. MISC. No.71869 of 2019(2) dt.05-02-2020 2/3 is belonging to him. On search, 54 cartoons, containing 2585 bottles each of 180 ml. Indian Made Foreign Liquor, were recovered from the room inside the Chamber. On query, he also disclosed that Rajesh Singh (petitioner no.1) with his associates Mintu Singh, Chunmun Singh, and Lallu Singh (petitioner no.2) used to supply the liquor and the seized liquor was kept there by them.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that the petitioners were not apprehended on the spot rather their name has been disclosed by the apprehended accused Om Prakash Pandey. Since the petitioner no.1 is accused in one more case and the petitioner no.2 is also accused in one more case, as detailed in paragraph-3 to this application, due to that reason, the police falsely implicated them in this case, showing the confessional statement of the apprehended accused Om Prakash Pandey. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge (Excise),

Patna High Court CR. MISC. No.71869 of 2019(2) dt.05-02-2020 3/3 Kaimur at Bhabua, in connection with Chainpur P.S. Case No.350 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T