Guddu Tiwari @ Tapesh Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.210 of 2019 Arising Out of PS. Case No.-154 Year-2018 Thana- JANTA BAZAR District- Saran ====================================================== Guddu Tiwari @ Tapesh Kumar Tiwari Late Lalan Tiwari Vill-Harpur Kothi, P.S-Janta Bazar,Distt.-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Janta Bazar P.S.Case No. 154 of 2018, registered for offences punishable under Sections 30 (a) of Bihar Prohibition and Excise (Amendment) Act, 2016.

Allegation as per F.I.R. is of recovery of altogether 1035 liters of country foreign liquor from the room of Sanskrit School of Dayalpur and the petitioner along with other persons succeeded in fleeing away.

Submission of the learned counsel for the petitioner is that on the basis of information of spy, he has been made accused and the petitioner has falsely been implicated in this case and he has no concerned with other co-accused persons. It is also submitted that neither any incriminating article has been

Patna High Court Cr.Misc. No.210 of 2019(3) dt.31-01-2019 2/2 recovered from the house of the possession or from the possession of the petitioner.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, the case of the petitioner is concerned, I am not inclined to grant bail to the petitioner, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrender before the court below within a period of four weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court.

This application is accordingly dismissed.

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