Bachha Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2715 of 2019 Arising Out of PS. Case No.-254 Year-2018 Thana- SIDHWALIYA District- Gopalganj ====================================================== Bachha Rai, aged about 65 years (M), son of Late. Bhikhari Rai, Resident of Village - Bucheya, Raghunath Rai Ke Tola, PS- Sidhwaliya, DisttGopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner.

Petitioner in the present case is seeking anticipatory bail in connection with Sidhwaliya P.S. Case No.254 of 2018 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that as per allegations, the Bolero Vehicle bearing Registration No. BR 29L 0622 was loaded with 190 liter and 230 M.L of illicit liquor. It is pointed out that some illicit liquor have also been recovered from the house of the petitioner.

Learned APP for the State is not present.

In the given facts and circumstance of the case, where this Court finds that both from the vehicle as well as from the house

Patna High Court Cr.Misc. No.2715 of 2019(2) dt.28-01-2019 2/2 of the petitioner huge quantity of illicit liquor have been recovered, this Court is not inclined to grant anticipatory bail to the petitioner. In case the petitioner surrenders and prays for regular bail in the learned Court below within a period of two weeks from today, the same shall be considered by the learned Court below on its own merit and without being prejudice by the order of this Court.

The application is dismissed accordingly.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U T