Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34839 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== RANJAN KUMAR, Son of Yogendra Sah, Resident of Village - Premnagar, P.S.- Runnidsaidpur, Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 This is an application for grant of anticipatory bail in connection with Runisaidpur P.S. Case No. 90 of 2019, disclosing offences under Sections 30/30(a)/38 (i) (ii) of the Bihar Prohibition and Excise Act, 2016.

Allegation of recovery of 3.750 liters of foreign liquor from the house of the petitioner.

Submission of the learned counsel for the petitioner is that as a matter of fact, recovery has not made from the house of the petitioner, rather from the motorcycle standing at the door of the petitioner and the motorcycle does not belong to the petitioner. Further submission is that no signatures of any family members has been obtained in the seizure list. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail stating that there is a prima facie case

Patna High Court CR. MISC. No.34839 of 2019(3) dt.07-08-2019 2/2 against the petitioner of recovery of liquor from his house. As such, this application is not maintainable.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below for regular bail which will be considered by the learned court below and if possible, be disposed of on the same day.

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