Gunjesh Kumar @ Gunjesh Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42334 of 2019 Arising Out of PS. Case No.-123 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== GUNJESH KUMAR @ GUNJESH PRASAD SINGH Son of Late Ramsevak Singh Resident of Village- Morsand, Ward No. 8, P.S.- Pusa, DistrictSamastipur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 Heard the parties.
The petitioner is apprehending his arrest in connection with Excise Case No.123 of 2019 , registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner is that 30 ltrs. of liquor from the Bhusa house of the petitioner.
Submission of the learned counsel for the petitioner is that it is an open place and further he has no criminal antecedent.
Heard learned A.P.P. w, who has opposed the prayer for bail stating that there is prima facie case against the petitioner as such this application is not maintainable..
Patna High Court CR. MISC. No.42334 of 2019(2) dt.09-07-2019 2/2 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, he may surrender and pray for regular bail, which will be considered on its own merit and if possible to be disposed of on the same day. With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T