Dilip Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30894 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== DILIP ROY Son of Jai Narayan Roy Resident of Village-Mehsari, Ward No.13, Police Station-Ujiarpur, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Choudhary Shyam Nandan For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Excise Case No.72/19 , registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 6.660 ltrs. of liquor from the house of the petitioner. Submission of the learned counsel for the petitioner is of false implication, as the petitioner has not co-operated the Excise Department. Further he has no criminal antecedent. Heard learned A.P.P. , who has opposed the prayer for bail on the ground that there is prima facie allegation of recovery from the house of the petitioner.

Patna High Court CR. MISC. No.30894 of 2019(3) dt.22-07-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may surrender before the learned court below and pray for regular bail, which will be considered on its own merit without being prejudiced by the order of this Court and if possible to be disposed of on the same day..

With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T