Patna High CourtCR. MISC./4682/2020disposed

Ravi Patel @ Ravi Kumar Patel v. The State Of Bihar

2020-02-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4682 of 2020 Arising Out of PS. Case No.-209 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== RAVI PATEL @ RAVI KUMAR PATEL Son of Bhola Ray Resident of Village-Chhatauna, Police Station-Piprahi, District-Sheohar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, as amended by Amendment Act 8 of 2018.

It is alleged that from the house of the petitioner, 19.750 litres of Nepali Saufi liquor has been recovered. It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that since the said

Patna High Court CR. MISC. No.4682 of 2020(2) dt.29-02-2020 2/2 recovery has been made from the house of the petitioner, hence, hence, the anticipatory bail application is not maintainable.

Considering the recovery being made from the house of the petitioner, this Court is not inclined to release him on anticipatory bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned Court below within a period of six weeks in connection with Piprahi P.S. Case No. 209 of 2019, pending before the learned ADJ-I-cum-Special Judge (Excise), Sheohar. With the above observation, this application is, accordingly, disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U T