Raj Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76535 of 2018 Arising Out of PS. Case No.-942 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Raj Kumar Bhagat Son of Late Surya Narayan Bhagat, Resident of Batraha Ward No. 24, Sharma Chowk Police Station Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Special (Excise) Case No. 431 of 2018 arising out of Saharsa Sadar P.S.Case No. 942 of 2018, registered for offences punishable under Sections 30 (a), 38 (1) and 41 (1) of the Bihar Prohibition and Excise Act, 2016.

Allegation as per F.I.R. is of recovery of total 1400 liters country made liquor from the pick-up van. Submission of the learned counsel for the petitioner is that the petitioner has clean antecedent and he has falsely been implicated in this case.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, the case of the petitioner is

Patna High Court Cr.Misc. No.76535 of 2018(2) dt.30-01-2019 2/2 concerned, I am not inclined to grant bail to the petitioner, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrender before the court below within a period of four weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court.

This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sudha/- U T