Arun Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7647 of 2019 Arising Out of PS. Case No.-71 Year-2018 Thana- DHOLBAJJA District- Bhagalpur ======================================================

1. Arun Mandal, Son of Kapildeo Mandal @ Kapil Mandal, Resident of Village - Lodhmanpur, Nandgram, P.S.- Kadwa (Dholbajja), District Bhagalpur

2. Deepak Kumar @ Deepak Mandal, Son of Arun Mandal, Resident of Village - Lodhmanpur, Nandgram, P.S. - Kadwa (Dholbajja), District Bhagalpur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2019 Petitioners apprehend their arrest in connection with Dholbhaja (Kadwa) P.S. Case No. 71 of 2018, corresponding to G.R.No. 6344 of 2018, registered for the offences punishable under Sections 30(a) and 38(1) of Bihar Excise Act, 2016. Allegation is of recovery of more than 300 litres of liquor from the Maruti car and motorcycle and driver of the car was arrested, who disclosed the names of the petitioners. Submission of learned counsel for the petitioners is that they have been made accused only on the basis of confessional statement of co-accused and they have no criminal antecedent.

Heard learned APP also.

Having heard both sides and in view of recovery of

Patna High Court Cr.Misc. No.7647 of 2019(2) dt.08-02-2019 2/2 huge quantity of liquor, I am not inclined to grant privilege of anticipatory bail to the petitioners, rather they should surrender and make prayer 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.

With the above observation, this application is dismissed.

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