Deo Nandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36333 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== DEO NANDAN YADAV Son of Ramdeo Yadav Resident of Village-Dhanihu, Manjhla Kola, P.O-Naudiha, P.S-Fatehpur, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumeet Kumar Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Excise P.S. Case No. 79 of 2019 registered for the offences punishable under Sections 30(a) and 56(kha) of Bihar Prohibition and Excise Act. Petitioner happens to be owner of the motorcycle.

Prosecution story is that police intercepted one motorcycle and one person succeeded in fleeing away and another person has been arrested and from motorcycle 60 litres of country-made liquor were recovered.

Submission of learned counsel for the petitioner is that he has been made accused only on the basis of fact that motorcycle belongs to the petitioner and he has no criminal antecedent.

Patna High Court CR. MISC. No.36333 of 2019(3) dt.14-08-2019 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail on the ground of maintainability of this application.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its own merit and, if possible, to be disposed of on the same day.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T