Patna High CourtCR. MISC./78407/2018dismissed

Subodh Singh @ Subodh Kumar Singh v. The State Of Bihar

2019-01-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78407 of 2018 Arising Out of PS. Case No.-325 Year-2018 Thana- DHAKA District- East Champaran ====================================================== Subodh Singh @ Subodh Kumar Singh son of Lal Babu Singh @ Chait Singh Resident of Village- Chainpur Dhaka, P.S. Dhaka, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Dhaka P. S. Case No. 325 of 2018, registered for offences punishable under Sections 30 (a) of the Bihar Excise Act, 2016. Allegation against the petitioner is of recovery of huge quantity of Nepali liquor which has been thrown by the petitioner after seeing the police party and accordingly, a seizure list has been prepared.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in the present case and nothing has been recovered from the conscious possession of the petitioner.

Patna High Court Cr.Misc. No.78407 of 2018(2) dt.08-01-2019 2/2 Learned A.P.P. opposes the prayer for bail.

In view of the facts and circumstances discussed above and all materials available on the record, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by order of this Court.

With the aforesaid observation, this application is dismissed.

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