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Patna High CourtCR. MISC./31602/2019dismissed

Krishnadeo Prasad v. The State Of Bihar

2019-07-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31602 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== KRISHNADEO PRASAD, Son of Late Sadhu Prasad, Resident of Village - Totahi Kenar Paharpur, P.S.- Wazirganj, District - Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Wazirganj P.S. Case No. 77 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, pending in the court of Special Judge, Excise, Gaya.

Allegation is of recovery of 10 litres of country-made liquor from the boring house of the petitioner. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and recovery is made from open place and further petitioner has no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that there is prima facie case against the petitioner, as such this application is not maintainable.

Patna High Court CR. MISC. No.31602 of 2019(3) dt.23-07-2019 2/2 In view of above facts and circumstances, let petitioner surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day. With the above observation, this application is dismissed.

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