Patna High CourtCR. MISC./14323/2019disposed

Bhola Singh v. The State Of Bihar

2019-03-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14323 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- SIKRAUL District- Buxar * ====================================================== Bhola Singh, Son of Shri Ram Singh Resident of Village - Bhadar, P.S.- Sikraul, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that two bottles of Indian made foreign liquor were recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner. A statement has been made in paragraph no.3 of the petition to the effect that apart from the present case, the petitioner is also made accused in one other case of similar nature of offence.

Learned APP submits that the recovery has been made

Patna High Court CR. MISC. No.14323 of 2019(2) dt.08-03-2019 2/2 from the house of the petitioner.

Considering the fact that nature of recovery, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Sikraul P.S. Case No. 91 of 2018, pending in the Court of learned ADJ-II-cum-Special Judge, Excise Act, Buxar.

However, considering the quantity of recovery, learned Court below may consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks. Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T