Dasai Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78201 of 2018 Arising Out of PS. Case No.-292 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== Dasai Yadav, Son of Late Shio Pujan Yadav Resident of Village-Parsanda, Police Station (Karnamepur O.P.) in the district of Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2019 The petitioner apprehends his arrest in connection with Shahpur (Karnampur OP) P.S.Case No. 292 of 2018 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, Allegation is of recovery of 1800 litres of whisky from an orchard and petitioner has been named in the FIR. Later on, some accused persons have been arrested and they have named the petitioner also and on raid, 100 litres of liquor has been recovered from the house of the petitioner.

Submission of learned counsel for the petitioner is that he has been made accused only on the basis of confession of other accused and moreover, on seizure-list, there is no independent witness.

Heard learned APP also.

Having heard both sides and in view of recovery of huge

Patna High Court Cr.Misc. No.78201 of 2018(2) dt.07-01-2019 2/2 quantity of liquor, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, if petitioner surrenders within a period of six weeks from the date of receipt of a copy of this order, and prays for regular bail, the same shall be considered by the learned court below on its own merit and if possible, dispose it of on same day, without being prejudiced by this order.

The application stands dismissed.

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