Upadhyay Mahto @ Upadhya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35176 of 2019 Arising Out of PS. Case No.-181 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== UPADHYAY MAHTO @ UPADHYA SINGH Son of Dukhi Singh Resident of Village - Dahiyar, P.S.- Sasaram (Muffsil), Distt.- Rohtas (Sasaram). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Sasaram (Muffasil) P.S.Case No.181 of 2018 registered for offences punishable under Sections 414 of the Indian Penal Code and Section 30(a)(c) of Bihar Prohibition and Excise Act. Prosecution story is that the police received information that the liquor was kept in the house of one Ram Singh and Laxman Singh and on that information the police raided there and there is recovery from there. Further allegation is that as per the FIR police have found one vehicle parked there and from the vehicle there is recovery of 56 ltrs. of liquor. Petitioner is named in the FIR and he is owner of the vehicle. He is accused in four other cases of similar type also.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.35176 of 2019(3) dt.17-08-2019 2/2 that except that he is owner of the vehicle, there is nothing against the him and he was arrested at the spot. Heard learned A.P.P. , who has opposed the prayer for bail on the ground that apart from the fact that he is owner, he is accused in four other cases of similar type.. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. With the aforesaid direction, this application is dismissed.

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