Kamal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37719 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== KAMAL SINGH S/o Late Ramayan Singh, R/o village- Juri Hatta, P.S.- Pachrukhi, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Pachrukhi P.S. Case No. 68 of 2019 registered for offence punishable under sections 272, 273, 308 of the Indian Penal Code and section 30 (a) of the Bihar Prohibition Excise Act, 2018.

It has been alleged that the police recovered huge quantity of the liquor from the house of the petitioner. The learned counsel for the petitioner submits that the liquor was recovered outside the gate of the petitioner, but it is not denied that the liquor was recovered near the grill which is not of the petitioner.

Looking to the facts and circumstances of the case,

Patna High Court CR. MISC. No.37719 of 2019(2) dt.21-06-2019 2/2 this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders and prays for regular bail, the court below without being prejudiced by this order, will take decision in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T