Nirmal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33249 of 2019 Arising Out of PS. Case No.-156 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== NIRMAL BHAGAT, Son of Late Boni Bhagat @ Late Bal Govind Bhagat, Resident of Amarpur, Ward No.1, P.S.-Sone Varsha, Kachahary, DistrictSaharsa. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Singh For the Opposite Party/s :

Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Special (Excise) Case No. 156 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. Allegation is of recovery of 4 litres of liquor from the house of the petitioner.

Submission of learned counsel for the petitioner is that nothing has been recovered from his residential house and he was engaged in cooking of Mid Day Meal in the school, having no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that prosecution report itself shows tht recovery is from the house of the petitioner, as such this

Patna High Court CR. MISC. No.33249 of 2019(2) dt.01-08-2019 2/2 application is not maintainable.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its on merit, without being prejudiced by this order and, if possible, to be disposed of on the same day. With the above observation, this application is dismissed.

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