Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36336 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.
SUNIL KUMAR Son of Ram Balak Jha Resident of Village - Jhakhara, P.S.- Sarairanjan, Dist.- Samastipur.
2.
Anil Kumar Jha @ Bulla Jha Son of Ram Balak Jha Resident of Village - Jhakhara, P.S.- Sarairanjan, Dist.- Samastipur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2019 Petitioner No.1 seeks bail in anticipation of his arrest in connection with Sarairanjan P.S. Case No. 67 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. Earlier vide order dated 17.7.2019 the application with respect to petitioner No.2 was permitted to be withdrawn as he was arrested. Allegation is of recovery of 6 and odd litres of liquor from behind the house of the petitioner.
Submission of learned counsel for the petitioner is that he has no criminal antecedent and nothing has been recovered from his house, rather from behind his house. Heard learned APP, who has opposed the prayer for
Patna High Court CR. MISC. No.36336 of 2019(4) dt.14-08-2019 2/2 anticipatory bail of the petitioner 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 petitioner No.1. 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