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Patna High CourtCR. MISC./30323/2020bail granted

Suman Singh v. The State Of Bihar

2020-12-17Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30323 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ============================================== SUMAN SINGH Son of Late Tripit Singh Resident of VillageMohabbatpur, P.S.- Shekhopursarai, District- Sheikhpura. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2020 Heard Mr. Sheo Nandan Prasad, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Shekhopur Sarai P.S. Case No. 10 of 2020 dated 08.02.2020 instituted for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. Regard being had to the fact that there is recovery of liquor from the house of the petitioner, even though in a small quantity, I am not inclined to grant anticipatory bail to him.

The prayer for anticipatory bail is rejected.

Patna High Court CR. MISC. No.30323 of 2020(2) dt.17-12-2020 2/2 If the petitioner surrenders before the Court below and seeks bail, the Court below shall consider that there was nobody present in the house when the raid was conducted and the recovery is from beneath the ladder of the house, which could have been accessed by anybody 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