Sunil Uraon @ Suneshwar Uraon And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80199 of 2018 Arising Out of PS. Case No.-87 Year-2018 Thana- ROHTAS District- Rohtas ======================================================
1. Sunil Uraon @ Suneshwar Uraon and Anr son of Kariman Uraon.
2. Ramlal Uraon, son of Shiv Nandan Uraon. Both are residents of Village-Naga Toli, P.S.-Rohtas, District-Rohtas.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Singh For the Opposite Party/s :
Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Rohtas Police Station Case No. 87 of 2018, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act'). From the First Information Report, it appears that the police recovered illicit liquor from various houses in the village, in question. From the house of petitioner no. 1, it is alleged that 02 lts of country-made liquor was recovered; whereas from the house of petitioner no. 2, 03 lts of country-made liquor was recovered.
There being bar under Section 76 (2) of the Act, this
Patna High Court Cr.Misc. No.80199 of 2018(2) dt.16-01-2019 2/2 anticipatory bail application cannot be maintained and is, accordingly, dismissed.
However, considering the quantity of illicit liquor so seized, it is directed that if the petitioners, above named, surrender before the Court below within four weeks from today and apply for regular bail, their application shall be considered and decided on the same day without being prejudiced by the present order of dismissal.
(Chakradhari Sharan Singh, J.) ragini/- U √ T √