Patna High CourtCR. MISC./36473/2019bail rejected

Raju Yadav @ Raj Kumar Yadav @ Raju Kumar Yadav v. The State Of Bihar

2019-08-30Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36473 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== Raju Yadav @ Raj Kumar Yadav @ Raju Kumar Yadav, Son of Judagi Yadav Resident of Village - Chiraila Tola, Netupur, P.S.- Belaganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Belaganj P.S. Case No.113 of 2019, for the offence punishable under Section 30(a) of Bihar Excise and Prohibition Act, 2016. The allegation against the petitioner is that the police raided the tea shop of the petitioner and recovered five litres of illicit liquor from the shop of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Learned counsel further submits that at the time of raid, petitioner was not present in the shop and the shop in question does not belong to the petitioner.

Patna High Court CR. MISC. No.36473 of 2019(3) dt.30-08-2019 2/2 After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that from perusal of the First Information Report and the seizure list, it appears that illicit liquor has been recovered from the tea shop of the petitioner, accordingly, in view of Full Bench judgment passed in Cr. Appeal (SJ) No.431 of 2019, I am not inclined to exercise my discretion for grant of bail under Section 438 of Cr.P.C. As such, the present anticipatory bail application is rejected. If the petitioner surrenders before the Court below within fifteen days from today, the learned Court below shall consider his application for regular bail on the same day without being prejudiced by the rejection order of this Court. (Anil Kumar Sinha, J) sanjeev/- U T