Sushil Kumar Yadav @ Shusil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24998 of 2020 Arising Out of PS. Case No.-165 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== SUSHIL KUMAR YADAV @ SHUSIL KUMAR S/o Vindeshwari Yadav Resident of Village/Mohalla-Shivpuri Ward No.14, P.S.-Saharsa, DistrictSaharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-10-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner apprehends his arrest in connection with Special (Excise) Case No. 165 of 2020, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the house of the petitioner was raided and the police recovered a total quantity of 2.7 litres of illicit liquor from the house of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.24998 of 2020(2) dt.14-10-2020 2/3 and has falsely been implicated in this case inasmuch as the illicit liquor has been recovered from the joint family property and other family members of the petitioner also reside in the house in question. He further submits that the petitioner has got no criminal antecedent and a very small quantity of liquor has been recovered from the house in question.

After having heard learned Counsel for the parties concerned and taking into consideration the fact that from perusal of the First Information Report and the seizure list, it is apparent that the illicit liquor has been recovered from the house of the petitioner. Accordingly, in view of the aforesaid, a prima facie case is made out against the petitioner and in view of the Full Bench decision of this Court, in Criminal Appeal (S.J.) No. 431 of 2019 (Ram Vinay Yadav v. The State of Bihar), I am not inclined to exercise my discretion for grant of anticipatory bail.

This application is, accordingly, dismissed.

However, if the petitioner surrenders before the learned Court below within a period of four weeks from today and seeks regular bail, the learned Court below may consider his application for grant of regular bail on the same day without being prejudiced by rejection of the present application for grant

Patna High Court CR. MISC. No.24998 of 2020(2) dt.14-10-2020 3/3 of anticipatory bail.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √