Rameshwer Bhulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40185 of 2020 Arising Out of PS. Case No.-384 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== RAMESHWER BHULLA S/o Bijho Bhila Resident of Badrabatri, P.S.- Kawakol, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Adv For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-06-2021 Heard Mr. Amresh Kumar Sinha, learned counsel for the petitioner and Mr. Atul Chandra, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kawakol P.S. Case No. 384 of 2019 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears from the prosecution report that three litres of liquor was recovered from the house of the petitioner.

Mr. Sinha, learned counsel for the petitioner submits that admittedly in the F.I.R, it has been stated that

Patna High Court CR. MISC. No.40185 of 2020(2) dt.15-06-2021 2/2 there was no member of the family present in the house. He, therefore, submits that the house does not belong to him. The aforesaid assertion is without any supporting evidence.

Regard being had to the fact that there is recovery from the house of the petitioner, I am not inclined to grant anticipatory bail to him.

The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the Court below and seeks bail, his application shall be considered on its own merits without being prejudiced by the fact that the present petition for grant of anticipatory bail has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T