Prabhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35104 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- KASHICHAK District- Nawada ====================================================== Prabhakar Kumar, S/o Late Sadan Singh, Resident of Chandinama, P.S.- Kashichak, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2019 This is an application for grant of anticipatory bail in connection with Kashichak P. S. Case No. 153 of 2018, disclosing offences under Sections 272 and 273 of IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case is that police has received an information that petitioner and other accused persons in collusion with the Headmaster of the School kept some illicit liquor in the School and on that information, police raided the place of occurrence and recovered 1106 liters of English Wine. The petitioner and other accused persons are named in the F.I.R. Submission of the learned counsel for the petitioner is that recovery is from the School and not from the house of the petitioner.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail of the petitioner on the ground that

Patna High Court CR. MISC. No.35104 of 2019(4) dt.13-09-2019 2/2 petitioner is named in the FIR and was also found in the school campus.

Though, it has been stated by the learned counsel for the petitioner in para 3 of this petition that petitioner is accused in one more case, but the same is with respect to other accused person.

Having heard both sides, in view of the allegation and the quantity of the liquor recovered and petitioner is named in the F.I.R., I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which shall be considered by the learned court below on its own merit, without being prejudiced by order of this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T