Patna High CourtCR. MISC./10913/2019dismissed

Prem Roy v. The State Of Bihar

2019-02-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10913 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== Prem Roy Son of Pawan Kumar Roy @ Pawan Kumar Ra Resident of Village - Ekamma, P. S. - Rajnagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Ms. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2019 This is an application for grant of anticipatory bail in connection with Rajnagar P.S. Case No. 09 of 2019, disclosing offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation as per F.I.R. is that police got information that petitioner and other accused persons are engaged in liquor business and the same is kept in the house of one Nitish Roy and on that information, police raided the place of occurrence and recovered 122 liters liquor from the house of Nitish Roy and the petitioner and Nitish Roy were succeeded in fleeing away. 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 has falsely been implicated in this case and

Patna High Court CR. MISC. No.10913 of 2019(2) dt.22-02-2019 2/2 nothing has been recovered from his conscious possession rather the recovery is from the house of co-accused Nitish Roy. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case 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