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Patna High CourtCR. MISC./35169/2019dismissed

Niranjan Manjhi @ Niranjan Kumar v. The State Of Bihar

2019-08-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35169 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== Niranjan Manjhi @ Niranjan Kumar, S/o Sidheshwar Manjhi, Resident of Village- Jahirbigha, P.S.- Belaganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2019 This is an application for grant of anticipatory bail in connection with Belaganj P.S. Case No. 62 of 2019, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation of recovery of 04 liters of liquor from the house of the petitioner.

Submission of the learned counsel for the petitioner is that the house is joint and he has no criminal antecedent. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground of maintainability, as there is recovery from his house.

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

Patna High Court CR. MISC. No.35169 of 2019(3) dt.09-08-2019 2/2 petitioner may move before the learned court below for regular bail, which will be considered by the learned court below, on its own merit, without being prejudiced by order of this Court, 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