Loknath @ Chathu Yadav @ Loknath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27319 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- BIHTA District- Patna ====================================================== 1.

LOKNATH @ CHATHU YADAV @ LOKNATH PRASAD S/O - Ramchandra Prasad, R/o - Daulatpur, P.S.- Bihta, District- Patna. 2.

Too Babu @ Sunil Rai, S/O- Raghunandan Bhagat, R/o - Daulatpur, P.S.- Bihta, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-04-2019 Heard both sides.

The petitioners apprehend their arrest in Bihta P.S. Case No.24 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioners submits that police got information that petitioners and others used to sell liquor by the side of railway line and on such, a raid was conducted. 170 liters of country made liquor was recovered but nobody was found there. It is submitted that petitioner No.1 was made accused in Bihta P.S. Case No.242 of 2018 and petitioner No.2 was made accused in Bihta P.S. Case No.397 of 2017 under Section 30(a) of Bihar Prohibition and Excise Act and that

Patna High Court CR. MISC. No.27319 of 2019(2) dt.25-04-2019 2/2 is why they have been also made accused in the present case. Of course, it appears that the petitioners were not found near the place situated by the side of the railway line whereon 170 liters of country made liquor was recovered but the petitioners have got criminal antecedent. In this view of the fact, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

If the petitioners surrender in the court below, the learned court below shall consider the prayer for regular bail of the petitioners on its own merit without being prejudiced to the order of this Court.

(Prabhat Kumar Jha, J) Saurabh/- U T