Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7621 of 2020 Arising Out of PS. Case No.-224 Year-2019 Thana- NOKHA District- Rohtas ====================================================== Upendra Singh S/o Late Yamuna Singh R/o village- Bhikharidih, P.S.- Nokha (Dharampura), District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-06-2020 Heard Mr. Babu Nandan Prasad, learned counsel for the petitioner and Mr. Satyadeo Singh Yadav, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Nokha P.S. Case No. 224 of 2019 dated 09.11.2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Though it has been alleged in the FIR that the petitioner was seen running away from the place of occurrence from where recovery of liquor was made, but the petitioner claims to be a person of another village. The petitioner was earlier made accused in a case of similar nature but in that case, he is on anticipatory bail. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.7621 of 2020(2) dt.10-06-2020 2/2 also informed and drawn the attention of this Court to the anomalies in the seizure list.

However, considering the entire facts of the case, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail is rejected.

In case the petitioner surrenders before the court below and prays for bail, that petition shall be considered on its own merits without being prejudiced by the fact that the present petition has not been entertained.

(Ashutosh Kumar, J) krishna/- U T