Oshihar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16390 of 2019 Arising Out of PS. Case No.-133 Year-2018 Thana- AANDAR District- Siwan ====================================================== OSHIHAR YADAV, Son of Late Sampat Yadav, Resident of Village - Dahabari Sultanpur, P.S.- Andar, District - Siwan. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Ander P.S. Case No. 133 of 2018 registered for the offences punishable under Sections 272, 273, 380 of the Indian Penal Code and Sections 30, 30(a) of the Bihar Prohibition and Excise Act.
Prosecution story as per FIR is that police on secret information intercepted the truck and recovered 3456 litres of English wine and petitioner succeeded in fleeing away. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case only on the secret informant and no source of information has been given and petitioner has no criminal antecedent.
Heard learned APP also.
In view of the fact that petitioner is named in the FIR
Patna High Court CR. MISC. No.16390 of 2019(4) dt.13-05-2019 2/2 and recovery of huge quantity of liquor, I am not inclined to grant the privilege of anticipatory bail to the petitioner. If petitioner moves for regular bail, the same shall be considered on its own merit, without being prejudiced by this order. With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T