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Patna High CourtCR. MISC./2473/2019disposed

Prabha Shankar Tiwari v. The State Of Bihar

2019-01-25Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2473 of 2019 Arising Out of PS. Case No.-166 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Prabha Shankar Tiwari, son of Sri Swami Dayal Tiwari Mohalla- 55 IK/252 Bhilawan, P.S.- Alambagh, District- Lucknow (U.P) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anjani Kumar Jha, Advocate For the Opposite Party/s :

Mr.Satyadeo Singh Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with University P.S. Case No. 166 of 2018 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of learned learned Additional Sessions Judge, Forth-cum Special Judge, Darbhanga. As per allegations, the Truck which belongs to the petitioner was carrying 98 liters of illicit liquor approximately. The Truck was lying in an abandoned condition and in course of search the driving license of the petitioner was found inside the Truck.

In the aforesaid view of the matter, this court is not inclined to extend the benefit of anticipatory bail to the

Patna High Court Cr.Misc. No.2473 of 2019(2) dt.25-01-2019 2/2 petitioner.

Accordingly prayer for anticipatory bail of the petitioner is refused.

In case, the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, the same shall be considered by the court below on the basis of the materials available on the record without being prejudiced by the order of this court. The prayer for regular bail shall not be rejected only because this court has not extended the benefit of anticipatory bail to the petitioner. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T