Ashok Yadav @ Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78638 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- KARAKAT District- Rohtas ====================================================== Ashok Yadav @ Ashok Kumar Singh son of Nanhku Yadav, Resident of Village- Raghunathpur Bal, P.S. Karakat, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Upadhyay, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 This is an application for grant of anticipatory bail in connection with Karakat P.S. Case No. 165 of 2018, disclosing offences under Sections 30(a)/36 of the Bihar Prohibition and Excise Act.

Allegation is of recovery of 6000 bottles foreign liquor from a community hall and the petitioner is named in the F.I.R. Further, it appears that the petitioner is accused in one more case of similar type.

Submission of learned counsel for the petitioner is that nothing has been recovered from the conscious possession of the petitioner and he has been named only on the basis of statement of Chokidar.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioner stating that the petitioner was

Patna High Court Cr.Misc. No.78638 of 2018(2) dt.10-01-2019 2/2 also identified during the raid, however he succeeded in fleeing away and he has criminal antecedent also.

Having heard both sides, in view of the above facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender before the court below and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court.

(Vinod Kumar Sinha, J) Amjad/- U T