Bittu Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12300 of 2020 Arising Out of PS. Case No.-247 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== Bittu Kumar Gupta Son of Parshuram Sah, Resident of Village - Aranda, P.S.- M.H. Nagar, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Hussainganj P.S. Case No. 247 of 2019 registered for offence punishable under sections 272, 273, 420, 34 of the Indian Penal Code and sections 30 (a), 38 (ii) and 41 (i) of the Bihar Prohibition and Excise Act.

A huge quantity of liquor has been recovered from the pick-van.

Looking to the entirety of the matter, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below without being prejudiced by this order will take decision in

Patna High Court CR. MISC. No.12300 of 2020(5) dt.04-01-2021 2/2 accordance with law. While passing order, the court below will take into consideration the bail granted to the other co-accused person.

(Shivaji Pandey, J) Mahesh/- U T