Biru Rai @ Om Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.514 of 2019 Arising Out of PS. Case No.-202 Year-2018 Thana- AMNAUR District- Saran ====================================================== Biru Rai @ Om Prakash Rai Son of Chandeshwari Ri Resident of VillageGardaul,P.S. Amour,Dist.-Saran at Chhapra ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Amnour P.S.Case No. 202 of 2018, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Excise Act. Allegation as per F.I.R. against the petitioner is that on receiving secret information, the police recovered 200 liters of spirit wine, which was hidden in the canal beside the bridge from where the petitioner supplied the same in the open market and after seeing the police party the petitioner fled away and a seizure list has been prepared.

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and nothing has been recovered from the conscious possession of the petitioner

Patna High Court Cr.Misc. No.514 of 2019(3) dt.16-01-2019 2/2 or from his house and he is an accused in one more case in which he is on bail.

Heard learned A.P.P. also.

In view of the allegation, I am not inclined to grant anticipatory bail to the petitioner and if the appellant surrender before the Court below and make prayer for regular bail, the same shall be considered on its own merit without being prejudiced by this order.

With this observation, this application is dismissed. (Vinod Kumar Sinha, J) sudha/- U T