Karu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34515 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== KARU DAS Son of Ram Jatan Das @ Jatan Mochi Resident of Village- Sakir Bigha, P.S.- Belaganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 This application, for grant of anticipatory bail, arises out of Belaganj P.S. Case No. 113/2019, disclosing offences under Sections 30 (a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is that police on secret information raided different places and recovered illicit liquors and from the house of the petitioner 2 litres country made liquor was recovered. Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case and the house, from where, recovery has been made is joint house.

Learned counsel for the State opposed the prayer for bail and submitted that there is recovery from the house of the petitioner and prima facie case is made out against the

Patna High Court CR. MISC. No.34515 of 2019(3) dt.05-08-2019 2/2 petitioner.

Having heard both sides, considering the facts and 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