Govind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38894 of 2019 Arising Out of PS. Case No.-449 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== GOVIND SINGH Son of Late Dinanath Singh Resident of Village-Shital Bigha, P.S.-Daudnagar, District-Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-06-2019 Heard the parties.

Petitioner seeks pre-arrest bail in Excise P.S.Case No.449 of 2019 arising out of CIS No.449 of 2018 registered for the offence under Section 30(A) of the Bihar Excise (Prohibition) Amendment Act.

Accusation is of recovery of bottles of 61.92 litres foreign liquor and pouches of 7 litres country made liquor from the house of the petitioner.

Submission of the learned counsel appearing on behalf of the petitioner seized liquor was not recovered from the conscious possession of the petitioner but from the house of the petitioner.

In the facts and circumstances of the case, I am not

Patna High Court CR. MISC. No.38894 of 2019(2) dt.26-06-2019 2/2 inclined to grant privilege of anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected.

However, petitioner may surrender before the court below and pray for regular bail which will be considered on its own merit without being prejudiced by this order. (Rajendra Kumar Mishra, J) aks/- U