Patna High CourtCR. MISC./30312/2020dismissed

Bablu Sah v. The State Of Bihar

2020-12-17Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30312 of 2020 Arising Out of PS. Case No.-97 Year-2020 Thana- MITHANPURA District- Muzaffarpur ============================================== BABLU SAH S/o Late Yogendra Sah R/o Mohalla-Gaushala Chowk, Rambag Road, P.S.-Mithanpura, Distt.-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr. Md. Aslam Ansari ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2020 Heard Mr. Hari Kishore Thakur, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Mithanpura P.S. Case No. 97 of 2020 instituted for the offence under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It appears from the prosecution report that from the shop belonging to the petitioner and his elder brother, viz., Munna Sah, 7.980 litres of foreign liquor was recovered.

Learned counsel for the petitioner has fairly

Patna High Court CR. MISC. No.30312 of 2020(2) dt.17-12-2020 2/2 conceded that the prayer for anticipatory bail of his brother has been rejected but on his surrendering before the court below, he has been released on bail.

Regard being had to the afore-stated facts, I am not inclined to exercise my discretion for granting anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the Court below and seeks bail, the court below shall consider the same on its own merit, taking into account that on similar allegation, the brother of the petitioner has been granted bail and shall pass orders in accordance with law without being prejudiced by the fact that the present petition for grant of anticipatory bail has not been entertained. (Ashutosh Kumar, J) sunilkumar/- U T