Patna High CourtCR. MISC./13224/2019dismissed

Guddu Kumar @ Guddu Yadav v. The State Of Bihar

2019-03-07Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13224 of 2019 Arising Out of PS. Case No.-119 Year-2018 Thana- TILAUTHU District- Rohtas ====================================================== GUDDU KUMAR @ GUDDU YADAV aged 32 years (Male) Son of Balkeshwar Yadav, Resident of Village-Tilauthu Purbi Utar Pati, P.S.-Tilauthu District-Sasaram at Rohtas.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Tilauthu P.S. Case No. 119/2018 registered under Sections 30(a) of the Bihar Prohibition Excise Act pending in the court of learned A.D.J. II - cum - Special Judge, Excise, Sasaram, Rohtas.

Learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner as he was not present at the place of occurrence. It is submitted that the petitioner has been falsely implicated and has no criminal antecedent.

Learned A.P.P. for the State submits that on perusal of the seizure list it will appear that the illicit liquor has been

Patna High Court CR. MISC. No.13224 of 2019(2) dt.07-03-2019 2/2 recovered from the house of this petitioner were altogether 36 liters of illicit liquor.

Considering the facts and circumstances where it is a case of recovery of illicit liquor from the house of the petitioner, this court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is refused.

In case the petitioner surrenders and prays for regular bail in the court below within a period of six weeks from today, his prayer for regular bail shall be considered by the court below without being prejudiced by the order of this court and the prayer shall not be refused only because this court has not granted anticipatory bail to the petitioner.

(Rajeev Ranjan Prasad, J) Rajeev/- U T