Patna High CourtCR. MISC./76432/2018dismissed

Naga Sah And ANR v. The State Of Bihar

2019-01-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76432 of 2018 Arising Out of PS. Case No.-929 Year-2018 Thana- SITAMARHI District- Sitamarhi ======================================================

1. Naga Sah and Anr

2. Dharmendra Sah Both Sons of Dashrath Sah Resident of Village- Punaura Ward No. 1, P.S. Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Smt. Veena Rani Prasad, A.P.P..

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

The petitioners seek anticipatory bail in connection with Sitamarhi P.S.Case No. 929 of 2018, registered for offences punishable under Sections 272, 273/34 of the Indian Penal Code and under Section 30 (A) of Bihar Prohibition and Excise Act. Allegation as per F.I.R. is of recovery of altogether 197.280 liters of liquor from the house of the petitioners and a seizure list has been prepared.

Submission of the learned counsel for the petitioners is that they have no criminal antecedent and the petitioner has falsely been implicated in this case and foreign liquor found from the open hut of one Salauddin Ansari.It is further submitted that the petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.76432 of 2018(2) dt.30-01-2019 2/2 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 petitioners is concerned, I am not inclined to grant bail to the petitioners, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioners that if the petitioners 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