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Patna High CourtCR. MISC./43087/2019dismissed

Arvind Kumar v. The State Of Bihar

2019-07-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43087 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Arvind Kumar, Son of Late Arjun Sao, Resident of village- Chaudhary Tola, Shobhiya Par, P.S. and District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2019 This is an application for grant of anticipatory bail in connection with G.O. Case No. 84 of 2019, disclosing offences under Section 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

Allegation as per F.I.R is that 20 liters of illicit liquor in two bags and materials for manufacturing the liquor have been recovered from the house of the petitioner. Submission of the learned counsel for the petitioner is that as a matter of fact, though the house belongs to the petitioner but the same is not residential house and the petitioner was not present there. He has no criminal antecedent. Heard learned A.P.P. also, who opposed the prayer for anticipatory bail in view of the prima facie allegation against the petitioner and submitted that this application is not

Patna High Court CR. MISC. No.43087 of 2019(2) dt.12-07-2019 2/2 maintainable.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail on the basis of materials available on record.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T