Ramayan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35350 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- GAUNAHA District- West Champaran ====================================================== Ramayan Sah, S/o Jokhan Sah, R/o Village- Lachnauta, P.S.- Gaunaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Thakur, Advocate For the Opposite Party/s :

Mr. Nityanand, 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 Gaunaha P.S. Case No. 15 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation of recovery of 05 liters of liquor from the house of the petitioner.

Submission of the learned counsel for the petitioner is that both the son and father have been made accused in this case, for the alleged offence. Further submission is that he has falsely been implicated in this case and having no criminal antecedent and is ready to abide by any condition imposed upon him.

Heard learned A.P.P. also who has opposed the prayer for bail on the ground of maintainability.

Having heard both sides, in view of the facts and

Patna High Court CR. MISC. No.35350 of 2019(3) dt.09-08-2019 2/2 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, 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