Balram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43864 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== 1.

BALRAM SINGH Son of Late Tarni Singh Resident of Village-Temtha, Raka, P.S-Parbatta, District-Khagaria.

2.

Rupesh Kumar Singh Son of Balram Singh Resident of Village-Temtha, Raka, P.S-Parbatta, District-Khagaria.

3.

Nitish Kumar Singh Son of Balram Singh Resident of Village-Temtha, Raka, P.S-Parbatta, District-Khagaria.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2019 Learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner Nos. 2 and 3 as they have been arrested during the pendency of this application.

This application is dismissed as withdrawn with respect to petitioner Nos. 2 and 3.

Petitioner No1 seeks bail in anticipation of his arrest in connection with Parbatta P.S. Case No. 148 of 2019, corresponding to G.R.No.1197 of 2019, registered for the offence punishable under Section 30(A) of Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.43864 of 2019(2) dt.17-07-2019 2/2 Allegation is of recovery of 1.5 litres of foreign liquor from the house of the petitioner and whole family members have been made accused in this case.

Submission of learned counsel for the petitioner is that though there is recovery of liquor but whole family members have been made accused in this case and petitioner is a handicapped person having no criminal antecedent. Heard learned APP, who has opposed the prayer for anticipatory bail stating that seizure list shows recovery from the house of the petitioner and, as such this application is not maintainable.

In view of above facts and circumstances, let petitioner surrender and pray for regular bail, which shall be considered and disposed of on the same day, without being prejudiced by this order.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T