Din Bandhu Kumar @ Din Bandhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46132 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== DIN BANDHU KUMAR @ DIN BANDHU RAI Son of Baidya Nath Rai, Resident of Village-Paitarapur Gaurihar, P.S-Sakra, District-Muzaffarpur. ... ... 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.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Excise Case No. 37 of 2019 registered for offence punishable under sections 30 (a) of the Bihar Prohibition and Excise Act.

The police has recovered 96 litres of illegal liquor from the roof of the house.

The learned counsel for the petitioner submits that there is a separation in the family of the petitioner and the place from where the alleged liquor has been recovered belongs to his brother who has already been granted regular bail. Having considered the facts and circumstances of the

Patna High Court CR. MISC. No.46132 of 2019(2) dt.26-07-2019 2/2 case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below without being prejudiced by this order will take decision in accordance with law taking into consideration the brother of petitioner has already been granted regular bail.

(Shivaji Pandey, J) Mahesh/- U T