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Patna High CourtCR. MISC./34604/2019dismissed

Sanjay Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34604 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- SIGAUDI District- Patna ====================================================== SANJAY YADAV, Son of Bhonu Yadav @ Bhagwan Yadav, Resident of Village- Maharajganj, Police Station- Sigori, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parashuram Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 This is an application for grant of anticipatory bail in connection with Sigori P.S. Case No. 83 of 2018, Special Case No. 10203 of 2018, disclosing offences under Sections 30(a), 37(b)(c) of the Bihar Prohibition and Excise Act, 2016. Allegation of recovery of 16 liters of liquor from the house of the petitioner.

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and having no criminal antecedent.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that there is recovery of liquor from the house of petitioner. As such, this application is not maintainable.

Having heard both sides, in view of the allegation and

Patna High Court CR. MISC. No.34604 of 2019(3) dt.07-08-2019 2/2 the quantity of the liquor recovered from the house of the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T