Sukhdeo Kumar @ Sukhdeo Sah @ Sukho v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12313 of 2020 Arising Out of PS. Case No.-360 Year-2019 Thana- PALASI District- Araria ====================================================== SUKHDEO KUMAR @ SUKHDEO SAH @ SUKHO Son of Late Sitaram Sah Resident of Village - Baluwa, Kaliyaganj, Ward No. 6, P.S.- Palasi, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nishant Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in connection with Special Case No. 1498 of 2019 arising out of Palasi P.S. Case No. 360 of 2019 for the offence registered under Sections 30(a) of the Bihar Excise Prohibition Act, 2016. The prosecution case in brief is that about 54 litres Nepali wine has been recovered under the straw of the vacant land of the petitioner and the seizure list corroborated the same. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the present case due to village politics.
Learned counsel for the State resists the prayer for
Patna High Court CR. MISC. No.12313 of 2020(3) dt.26-10-2021 2/2 bail of the petitioner and submits that during the course of search 54 liters of Nepali wine recovered under the straw of the vacant land of the petitioner, as such, it is not a fit case for anticipatory bail.
Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. It is accordingly, rejected.
However, the petitioner is directed to surrender before the court below and files an application for regular bail on which the Court below shall pass necessary order in accordance with law without being prejudiced by the present order. (Sunil Kumar Panwar, J) Jagdish/- U T