Patna High CourtCR. MISC./1434/2020dismissed

Ranjeet Singh v. The State Of Bihar

2020-02-27Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1434 of 2020 Arising Out of PS. Case No.-336 Year-2019 Thana- MANJHI District- Saran ====================================================== Ranjeet Singh, Son of Rajesh Singh, Resident of Village- Bangra Dih, P.S.- Daraunda, Distt- Siwan ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-02-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Manjhi P. S. Case No.336 of 2019 registered for the offences punishable under Sections 30, 30(A), 38(i) (ii) of the Bihar Prohibition and Excise Act, 2016.

3. In huge quantity of liquor was recovered from a tanker and the driver of the aforesaid tanker disclosed that the seized liquor was to be delivered to petitioner and two others.

4. Learned counsel appearing for the petitioner submits that no case under the Excise Act is made out against the petitioner as nothing has been recovered either from the possession of the petitioner or from his house, but I am not at all

Patna High Court CR. MISC. No.1434 of 2020(2) dt.27-02-2020 2/2 convinced with the aforesaid submissions, because the first information report reflects that the petitioner was found indulged in trade of illicit liquor.

5. In view of the aforesaid facts as well as submissions, in my view, this anticipatory bail is not maintainable and accordingly, this anticipatory bail stands dismissed being not maintainable.

6. However, petitioner is directed to surrender before the trial Court within six weeks from today and if he does so, the concerned Court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this dismissal order.

(Hemant Kumar Srivastava, J) vikash U T