Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2738 of 2019 Arising Out of PS. Case No.-300 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Shankar Sah son of Mahendra Sah Resident of Village- Sirsi, Ward No. 5, Police Station- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-02-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Samastipur Excuse Case No.300 of 2018 registered for offences punishable under Section 30 of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 1386 ltrs. and 360 ml. of foreign liquor from the cattle house of the petitioner.

Submission of the learned counsel for the petitioner is that he has no criminal antecedent and nobody was residing in that house and it is a cattle house situated outside the house and also it is not of the petitioner.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.2738 of 2019(5) dt.21-02-2019 2/2 Having heard both sides and in view of allegation & recovery of huge quantity of the liquor, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T