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Patna High CourtCR. MISC./44271/2019dismissed

Mahesh Sah v. The State Of Bihar

2019-07-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44271 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== MAHESH SAH, S/o Satyanarayan Sah, R/o village- Bhelwa, P.S.- Chauradano, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Chauradano P.S. Case No. 76 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 80 bottles, each containing 300 ML of Nepali liquor from the shop of the petitioner.

Submission of learned counsel for the petitioner is that he has falsely been implicated as someone has kept it in his shop and he has no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that there is prima face case against the petitioner, as such this application is not maintainable.

Patna High Court CR. MISC. No.44271 of 2019(2) dt.18-07-2019 2/2 In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered and, if possible, to be disposed of on the same day.

With the above observation, this application is dismissed.

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