Binod Dhanger v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29031 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- PALANWA District- East Champaran ====================================================== BINOD DHANGER S/o Radha Dhanger R/o village- Palanwa Dhangertoli, P.S.- Palanwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 This application, for grant of anticipatory bail, arises out of Palanwa P.S. Case No. 16 of 2019, disclosing offences under Sections 30 (a) and 37 (b) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 5 litres of country made liquor from the 'Baithka' of the petitioner.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case.

Learned counsel for the State opposed the prayer for bail and submitted that there is recovery of five litres from the Baithka of the petitioner.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the

Patna High Court CR. MISC. No.29031 of 2019(3) dt.21-11-2019 2/2 privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T