Piyush Kumar @ Kari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25735 of 2020 Arising Out of PS. Case No.-80 Year-2020 Thana- PHULWARIA District- Begusarai ====================================================== 1.

PIYUSH KUMAR @ KARI, Son of Late Shatrughan Rai @ Natho Rai @ Natho Resident of Village - Shokhara-01, Ward no. 10, Gachitola, P.S.- Phulwaria, District - Begusarai.

2.

Babulal Rai, Son of Kapo Rai Resident of Village - Shokhara-01, Ward no. 10, Gachitola, P.S.- Phulwaria, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-10-2020 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Phulwaria P. S. Case No. 80 of 2020 dated 15.06.2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Though there is no recovery of liquor from the constructive or personal possession of the petitioners,

Patna High Court CR. MISC. No.25735 of 2020(2) dt.14-10-2020 2/2 but considering the fact that the petitioners are accused in one similar nature of case, I am not inclined to grant anticipatory bail to the petitioners.

The prayer for anticipatory bail is rejected. However, if the petitioners surrender before the court below and seek bail, it shall be considered on its own merits, without being prejudiced by the fact that the present petition has not been entertained by this Court. (Ashutosh Kumar, J) skm/- U T