Abhay Kumar @ Bodh Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18736 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Abhay Kumar @ Bodh Narayan Yadav, son of Baleshwar Singh, resident of Village Barani P.S. Charpokhari, District- Bhojpur. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. N.A. Shamsi, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner.
The petitioner is apprehending his arrest in connection with Charpokhari P.S. Case No. 43 of 2017 registered for the offences punishable under Sections 37(B) and 30(A) of Bihar Prohibition and Excise Act, 2016.
Petitioner is named in the FIR and there is allegation that two persons were arrested and they disclosed the name of the petitioner as he is owner of the hotel and behind the hotel some liquor has been recovered.
It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and whatever has been recovered that is not from the hotel, rather behind the hotel and he has falsely been implicated and he is a
Patna High Court Cr.Misc. No.18736 of 2017 (2) dt.08-05-2017 2/2 Panchayat representative.
Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioner.
Having heard both sides and in view of allegation and he is named in the FIR, I am not inclined to grant anticipatory bail to the petitioner, rather petitioner should surrender and make an application for regular bail, which shall be considered by the court below on the basis of above submission and pass appropriate order, preferably on the same day.
Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U