Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43486 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- TAJPUR District- Samastipur ====================================================== ROHIT KUMAR, S/o Manoj Das R/o village- Ghandhi Chowk Kasbey Aahar, P.S.- Tajpur, Distt.- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Tajpur P.S. Case No. 87 of 2019 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 48 bottles, each containing 180 ML, of liquor from the hut. Submission of learned counsel for the petitioner is that the hut does not belong to the petitioner and he has no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that there is recovery of liquor from the hut of the petitioner and as such this application is not maintainable.

Patna High Court CR. MISC. No.43486 of 2019(2) dt.16-07-2019 2/2 In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if he surrenders and prays for regular bail, the same shall be considered and disposed of on the same day considering the materials available on the record. With the above observation, this application is dismissed.

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