Patna High CourtCR. MISC./7728/2019bail rejected

Gopal Turha v. The State Of Bihar

2019-02-11Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7728 of 2019 Arising Out of PS. Case No.-340 Year-2018 Thana- Brahmpur District- Buxar ====================================================== Gopal Turha, aged about 30 years (Male), son of Late Ram Pravesh Turha, resident of Village - Parshiya, Buxar, P.S.- Brahmpur, Distt.- Buxar. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Brahmpur (Chhakki) P.S. Case No. 340 of 2018, registered for the offence punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. The Police received a secrete information that some persons are carrying illegal liquor, in huge quantity, from Uttar Pradesh. On that information, the Policy party reached there and saw that four to five unknown persons are coming with plastic bags. Upon seeing the Police Party, they threw the said plastic bags and fled away from there. On search, about 30 liters of illegal liquor has been recovered from the said plastic bags. Allegation has been made against the petitioner to have participated in the said crime.

Patna High Court Cr.Misc. No.7728 of 2019(2) dt.11-02-2019 2/2 Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order on the same day without being influenced by the order of this Court after verifying the criminal antecedent of the petitioner.

(Shivaji Pandey, J) pawan/- U T