Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42367 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== SONU KUMAR S/O Milan Ray @ Pramod Ray R/O Village- Andharwara, P.S. Rajapakar Baranti O.P, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Rajapakar P.S.Case No.79 of 2019 , registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 130 ltrs. of liquor from the house of the petitioner. Submission of the learned counsel for the petitioner is that the said liquor has been recovered from an old abandant place and nobody resides in the house as well as he has been falsely implicated in this case only on the suspicion. The petitioner has no criminal antecedent.

Heard learned A.P.P. who has opposed the prayer for bail stating that recovery is from the house of the petitioner and as

Patna High Court CR. MISC. No.42367 of 2019(2) dt.09-07-2019 2/2 such the prayer of the petitioner for grant of anticipatory bail is not maintainable.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered on its own merit.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U