Somar Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18552 of 2019 Arising Out of PS. Case No.-189 Year-2018 Thana- DIDARGANJ District- Patna ====================================================== SOMAR SAW, Son of Vishnu Sao, Resident of Village - Maksoodpur, P.S.- Fatuha, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Didarganj Police Station Case No.189 of 2018, registered for the offences punishable under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016 pending in the court of learned Special Judge, Excise, Patna. From the auto rickshaw owned by the petitioner, twelve bottles of foreign liquor was allegedly recovered. Submission is that petitioner was not present there, rather driver of the auto rickshaw was driving and one Aditya Shekhar @ Shivam Kumar, who was travelling on the said auto rickshaw was arrested and from his physical possession also a bottle of liquor was recovered.

Patna High Court CR. MISC. No.18552 of 2019(2) dt.27-03-2019 2/2 Considering the fact that petitioner has got criminal antecedent of identical nature, I am not inclined to enlarge the petitioner, above named, on anticipatory bail. Hence, prayer is refused.

In the event of his surrender before the court below within three weeks, his prayer for regular bail shall be considered without being prejudiced by this order. (Birendra Kumar, J) abhishek/- U T