Patna High CourtCR. MISC./30721/2019dismissed

Ratan Singh v. The State Of Bihar

2019-08-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30721 of 2019 Arising Out of PS. Case No.-618 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RATAN SINGH Son of Laxmi Singh Resident of Village- Iniyar, P.S.- Mufassil, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Arbind Kumar Pandey (App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2019 This application, for grant of anticipatory bail, arises out of Muffasil P.S. Case No. 618/2018, disclosing offences under Sections 30(a)/32 of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 87.48 litres of foreign liquor from the straw house of the petitioner. Submission of learned counsel for the petitioner that he has no criminal antecedent and he has falsely been implicated in this case and further the straw house is not the part of residential house of the petitioner and situated far away from the residential house of the petitioner and it is an open place and is accessible to everyone.

Learned counsel for the State opposed the prayer for

Patna High Court CR. MISC. No.30721 of 2019(5) dt.06-08-2019 2/2 bail on the ground that there is recovery from the straw house of the petitioner and, therefore, a prima facie case is made out against the petitioner.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the 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, without being prejudiced by this order.

This application is, accordingly, dismissed.

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