Mithai Singh @ Shiv Shankar Singh @ Shiv Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80611 of 2019 Arising Out of PS. Case No.-248 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== MITHAI SINGH @ SHIV SHANKAR SINGH @ SHIV SHANKAR, (Male) aged about 40 years Son of Sitaram Singh, Resident of Village - Telghi, P.S.- Kharik, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, apprehend his arrest registered for the offences punishable under Sections 30(a), 38(1) of Bihar Excise Prohibition Amendment Act, 2018.

Informant who is a police officer has stated in his written complaint that on 01.10.2019 at about 8:00 P.M., he received a secret information that from a Tata 407 vehicle illicit liquor was being unloaded and was being kept in the Vasa of Rajniti Singh, son of Sita Ram Singh and on getting said information he along with other police personnel proceeded towards said place and as people assembled there on seeing police fled away and the said vehicle along with illicit liquor was seized but no satisfactory explanation was provided by the

Patna High Court CR. MISC. No.80611 of 2019(2) dt.09-12-2019 2/2 owner of the Vasa.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from his house or from his possession as such no offence under Excise Act is made out against him. He is a handicapped person having no criminal antecedent. He has been made accused as he is son of Sita Ram Singh and brother of main accused Rajniti Singh. Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on prearrest bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Bhagalpur, in connection with Kharik P.S. Case No. 248 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) Rajiv/- U T