Arun Kumar Sah @ Arun Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37522 of 2020 Arising Out of PS. Case No.-254 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Arun Kumar Sah @ Arun Sah Son of Ram Chandra Sah Resident of villageGohi, Police Station- Warish nagar, District- Samastipur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-04-2021 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Bidupur P.S. Case No. 254 of 2019 instituted for the offences under Sections 420 and 414 of the Indian Penal Code and Sections 30 (a), 35 and 41 of the Bihar Prohibition and Excise Amendment Act, 2018. Huge quantity of liquor is said to have been recovered from a brick kiln and and from the vehicles parked there. From the vehicle of the petitioner, 90 litres of liquor is said to have been recovered.
Learned counsel for the petitioner has sought
Patna High Court CR. MISC. No.37522 of 2020(2) dt.09-04-2021 2/2 anticipatory bail on the ground that his wife who has also been made accused in this case has been granted bail by a Bench of this Court vide order dated 27.11.2019 passed in Cr. Misc. No. 76385 of 2019. The aforesaid bail order cannot come to the aid of the petitioner as he is the owner of the vehicle from where recovery has been made. Considering the afore-stated facts, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the Court below and seeks bail, that petition shall be considered on its own merits, without being prejudiced by the fact that the present petition for grant of anticipatory bail has not been entertained.
(Ashutosh Kumar, J) sunilkumar/- U T