Munna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7169 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== Munna Singh son of Chano Singh @ Chandeshwar Prasad Singh, resident of village- Manopur @ Manupur Muradpur, Ward no. -8, P.S.- Bhagwanpur Teyay O.P., District- Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai For the Opposite Party/s :
MS. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-04-2019 This is an application for grant of anticipatory bail in connection with Bhagwanpur (Teyay O.P.) P.S. Case No. 227 of 2018, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation as per F.I.R. is that more than three thousand liters of foreign liquor has been recovered from a truck and the driver and Khalasi were apprehended, who disclosed the name of the petitioner as the person who was engaged in the illicit trade of liquor.
Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession. Heard learned A.P.P. also, who opposed the prayer for
Patna High Court CR. MISC. No.7169 of 2019(4) dt.22-04-2019 2/2 anticipatory bail of the petitioner stating that the apprehended persons have disclosed the name of the petitioner and apart from that he is also accused in one more case, but the petitioner has suppressed the criminal antecedent, which will appear from para 42 of the case diary.
Having heard both sides, in view of the recovery of huge quantity of liquor and there is suppression of criminal antecedent, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T