Patna High CourtCR. MISC./34202/2019dismissed

Chunchun Singh @ Chunchun Prasad Singh v. The State Of Bihar

2019-08-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34202 of 2019 Arising Out of PS. Case No.-466 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== CHUNCHUN SINGH @ CHUNCHUN PRASAD SINGH S/o Late Tej Narayan Singh R/o Village- Musharniya Rahi, P.S.- Murliganj, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2019 This application, for grant of anticipatory bail, arises out of Excise Case No. 466 of 2019, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 151and odd liters of liquor from the toilet of under construction house of the petitioner.

Submission of learned counsel for the petitioner is that the petitioner has no criminal antecedent and he has falsely been implicated in this case and the F.I.R. itself shows that the recovery has been made from the under construction house. Learned counsel for the State opposed the prayer for bail and submitted that there is recovery from the under

Patna High Court CR. MISC. No.34202 of 2019(4) dt.20-08-2019 2/2 construction house of the petitioner as such he does not deserve the privilege of anticipatory bail.

Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T