Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34095 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== GOLU KUMAR Son of Umesh Prasad @ Umesh Thakur Resident of Shivaji Nagar, Purani Jakkanpur, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2019 This application, for grant of anticipatory bail, arises out of Jakkanpur P.S. Case No. 200/2019, Special Case No. 3684/2019, disclosing offences under Sections 30 (a) of Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 6 litres of liquor from the house of the petitioner.

Submission of learned counsel for the petitioner is that the house does not belong to the petitioner and he has no criminal antecedent and has falsely been implicated in this case. Learned counsel for the State opposed the prayer for bail and submitted that there is recovery from the house of the petitioner and, therefore, a prima facie case is made out against the petitioner.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.34095 of 2019(2) dt.20-08-2019 2/2 circumstances of the case, 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, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

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