Upendra Sah @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7812 of 2019 Arising Out of PS. Case No.-710 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Upendra Sah @ Upendra Kumar S/o Ramdeo Sah, resident of village- Olipur, P.S.- Mahindwara, District Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2019 This is an application for grant of anticipatory bail in connection with Runisaidpur P.S. Case No. 710 of 2018, disclosing offences under Sections 30, 30(G), 38(i) (ii) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 105 liters liquor from a Scorpio vehicle and one person was arrested, who disclosed the name of the petitioner. Further it appears that the petitioner is accused in one more case of similar nature.

Submission of learned counsel for the petitioner is that the petitioner is neither owner nor driver of the said vehicle and he has falsely been implicated in this case. Though, he is accused in one more case, but he is on bail.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.7812 of 2019(2) dt.13-02-2019 2/2 circumstances of the case, in view of the allegation and criminal antecedent of the petitioner, I am not inclined to grant anticipatory bail to him, 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