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Patna High CourtCR. MISC./8186/2019rejected

Sikandar Yadav @ Shrikant Yadav v. The State Of Bihar

2019-02-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8186 of 2019 Arising Out of PS. Case No.-597 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== Sikandar Yadav @ Shrikant Yadav S/o Mohan Yadav Resident of MohallaKrishna Nagar, Ward No. 22, P.S. District- Saharsa, at present residing at Resident of Village- Sattour, Tola,- Belhi, P.S.- Nauhatta, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Special Case No.597 of 2018, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the Court of 2nd Additional Sessions Judge-cum-Special Judge Excise, Saharsa. From the loge of this petitioner 19.23 litres of liquor was recovered. Co-accused Pandav Rajak was caretaker of the loge.

Since the petitioner cannot be absolved of his primary responsibility to look what criminal act is being committed in his house, I am not inclined to grant anticipatory bail to the

Patna High Court Cr.Misc. No.8186 of 2019(2) dt.13-02-2019 2/2 petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court.

(Birendra Kumar, J) Mkr./- U T