Amawash Bhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43371 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- NAWANAGAR District- Buxar ====================================================== AMAWASH BHAR S/o Samsher Bhar R/o village- Nawanagar, P.S.- Nawanagar, District- Buxar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Roy For the Opposite Party/s :

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Nawanagar P.S. Case No. 110 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018, pending in the court of Additional District Judge-II-cum-Special Judge, Excise, Buxar.

Allegation against the petitioner is of recovery of 81 bottles, each containing 180 ML of English wine from the field of the petitioner, which he has taken on Batai. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and he has no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that recovery of wine has been

Patna High Court CR. MISC. No.43371 of 2019(2) dt.15-07-2019 2/2 made from the field of the petitioner, which he has taken on Batai, as such, this application is not maintainable. 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 on its own merit, without being prejudiced by this order 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