Patna High CourtCR. MISC./9394/2019disposed

Upendra Rai v. The State Of Bihar

2019-04-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9394 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== Upendra Rai Son of Shivharan Rai Resident of village Darvesh, (Chapra) P.S.-Dariyapur District-saran (chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2019 This is an application for grant of anticipatory bail in connection with Dariyapur P.S. Case No. 8 of 2019, disclosing offences under Sections 30, 30(a), 38 and 41 of Bihar Prohibition and Excise Act,2016.

Allegation is of huge recovery of foreign liquor along with a truck and petitioner is named in the F.I.R. and it further appears that the petitioner is accused in three other cases. Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and there is no recovery from the possession of the petitioner. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the petitioner, rather he should

Patna High Court CR. MISC. No.9394 of 2019(3) dt.24-04-2019 2/2 surrender before the court below within a period of six weeks and make prayer for regular bail that shall be considered on the basis of materials available on record as well as submission of learned counsel for the petitioner that other co-accused persons have been granted bail by a Coordinate Bench of this Court and after considering the same, the learned court below shall pass an appropriate order without being prejudice by order of this Court. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/SKSuman.

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