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Patna High CourtCR. MISC./3106/2019dismissed

Basdev Bhagat @ Basudev Bhagat v. The State Of Bihar

2019-03-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3106 of 2019 Arising Out of PS. Case No.-331 Year-2018 Thana- MAHESI District- East Champaran ====================================================== Basdev Bhagat @ Basudev Bhagat son of Late Dashrath Bhagat Resident of Village - Bathan, PS- Mehsi , Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-03-2019 This is an application for grant of anticipatory bail in connection with Mehsi P.S. Case No. 331 of 2018, disclosing offences under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act 2016.

Allegation is of recovery of 171 and odd liters liquor from the poultry farm of the petitioner.

Submission of learned counsel for the petitioner is that there are several staffs in the poultry farm also and it cannot be said that the petitioner is responsible for the same and he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case and recovery of huge quantity of liquor, I am not inclined to grant anticipatory bail to the

Patna High Court CR. MISC. No.3106 of 2019(3) dt.12-03-2019 2/2 petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court.

Accordingly, this application is dismissed.

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