Patna High CourtCR. MISC./32174/2020bail rejected

Akhilesh Sah v. The State Of Bihar

2021-03-05Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32174 of 2020 Arising Out of PS. Case No.-197 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Akhilesh Sah, S/O Pramod Sah, R/O Yogia Math, P.S. Muffasil, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate.

For the Opposite Party/s :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise Case No. 197 of 2020, registered under Section 30(a) of the Bihar Excise Act, 2016, pending in the court of Additional Sessions Judge-II-cum-Special Judge, Excise, Samastipur.

The accusation is of recovery of 45 litre Indian made foreign liquor keeping the same in between straw house

Patna High Court CR. MISC. No.32174 of 2020(2) dt.05-03-2021 2/2 and latrine room, which is situated behind the house of the petitioner.

Learned counsel appearing for the petitioner submits that petitioner has no criminal antecedent and the alleged 45 litre Indian made foreign liquor is not recovered from the house of the petitioner rather the same has been recovered behind the house of the petitioner.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T