Sandeep Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41381 of 2019 Arising Out of PS. Case No.-159 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== SANDEEP BARNWAL Son of Late Mannu Lal Barnwal Resident of Hajiyapur Road, Near Ram Mandir, Ward No. 11, P.S.- Nagar Gopaganj, Distt - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in Excise Case No. 159 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Though the quantity of illicit liquor said to have been seized from the petitioner's house is small, I am not inclined to grant any concession, in view of his criminal antecedent as mentioned in paragraph 3 of the application.

In view of the Full Bench decision rendered in the case of Ram Vinay Yadav vs. The State of Bihar, reported in 2019(2) PLJR 1089, this application cannot be maintained and is accordingly dismissed.

Patna High Court CR. MISC. No.41381 of 2019(3) dt.27-09-2019 2/2 However, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) arun/- U