Kapil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46903 of 2021 Arising Out of PS. Case No.-176 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== Kapil Yadav S/O Nanhak Yadav R/O Village- Kathautiya Kewal, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Fatehpur P.S. Case No.176 of 2019, registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

From the motorcycle of the petitioner liquor was recovered. Though the petitioner has got no criminal antecedent considering presumption of law against the petitioner as contained in Section 32 of the Bihar Prohibition and Excise Act as well as bar of prayer for anticipatory bail under Section 76(2)

Patna High Court CR. MISC. No.46903 of 2021(2) dt.21-12-2021 2/2 of the said Act, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner within four weeks, the prayer for regular bail shall be considered without being prejudiced by the order of this Court.

(Birendra Kumar, J) Mkr./- U T