Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1216 of 2020 Arising Out of PS. Case No.-738 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== DHARMENDRA YADAV Son of Baliram Yadav Resident of Village - Purwatola, P.S.- Brahmpur, District- Buxar, at present residing at Village - South Tola Masarh, P.S.- Udwant Nagar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 738 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

As per prosecution case there was recovery of 30 litres of liquor from the motorcycle of the petitioner. Submission of learned counsel for the petitioner is that he has not been arrested at the spot and he has been made accused only because the motorcycle belongs to him and he has no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner.

In view of above facts and circumstances, I am not

Patna High Court CR. MISC. No.1216 of 2020(2) dt.24-01-2020 2/2 inclined to grant the privilege of anticipatory bail to the petitioner. However, this application is disposed of with direction to the petitioner to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.

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