Patna High CourtCR. MISC./36640/2019dismissed

Santosh Pandey v. The State Of Bihar

2019-08-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36640 of 2019 Arising Out of PS. Case No.-472 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== SANTOSH PANDEY Son of Jamuna Pandey @ Yamuna Pandey Resident of Village - Sapahi, P.S.- Brahampur, Distt - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Brahampur P.S. Case No. 472 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Prosecution story is that police intercepted two motorcycles but one person succeeded in fleeing away and two persons were apprehended, who disclosed the name of the petitioner, who fled away and recovered altogether 71.120 litres of liquor from the two motorcycles. It further appears that petitioner is accused in one more case.

Submission of learned counsel for the petitioner is that he has been named by co-accused and except that there is nothing against him and he is ready to abide by any condition that may be imposed on him.

Patna High Court CR. MISC. No.36640 of 2019(3) dt.16-08-2019 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner on the ground that he has criminal antecedent also.

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, without being prejudiced by this order 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