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Patna High CourtCR. MISC./34913/2019dismissed

Pradeep Khatik v. The State Of Bihar

2019-08-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34913 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== PRADEEP KHATIK Son of Late Bajrangi Khatik Resident of Mohalla - Bus Stand, Khatik Mohalla, P.S.- Bettiah Muffasil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 This application, for grant of anticipatory bail, arises out of Excise Case No. 40/2019, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016. Allegation is of recovery of 17 and odd litres of liquor from the abandoned house of the petitioner. Apart from that he is accused in one more case of similar nature. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and the F.I.R. itself shows that the house is not the residential house of the petitioner.

Learned counsel for the State opposed the prayer for bail and submitted that a prima facie case is made out against the petitioner.

Patna High Court CR. MISC. No.34913 of 2019(3) dt.07-08-2019 2/2 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, without being prejudiced by this order.

This application is, accordingly, dismissed.

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