Patna High CourtCR. MISC./28239/2020dismissed

Uday Tiwari @ Uday Prakash Tiwari v. The State Of Bihar

2020-12-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28239 of 2020 Arising Out of PS. Case No.-521 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

UDAY TIWARI @ UDAY PRAKASH TIWARI, Son of Shila Nath Tiwari Resident of Village- Bishunpur Kalyan, P.S.- Sahebganj, DistrictMuzaffarpur. 2.

Deep Prakash @ Chotu Tiwari @ Divay Prakesht, Son of Shila Nath Tiwari Resident of Village- Bishunpur Kalyan, P.S.- Sahebganj, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mr. B. N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2020 Heard Mr. Amit Kumar Jha, learned counsel for the petitioners and Mr. B. N. Pandey, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Sahebganj P. S. Case No. 521 of 2019 dated 01.12.2019, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears that 256.90 litres of liquor has been

Patna High Court CR. MISC. No.28239 of 2020(2) dt.04-12-2020 2/2 recovered from the inner court-yard belonging to the petitioners.

For the aforesaid recovery, I am not inclined to grant anticipatory bail to the petitioners.

The prayer for anticipatory bail is rejected. However, learned counsel for the petitioners submits that one of the other co-accused persons of this case has been granted bail by a Bench of this Court. Should the petitioners surrender before the court below and seeks bail, the court below shall take into account all such facts and shall pass orders in accordance with law, without being prejudiced by the fact that the present petition has not been entertained by this Court.

(Ashutosh Kumar, J) skm/- U T