Pappu Kumar@Pradeep Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1790 of 2021 Arising Out of PS. Case No.-321 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== PAPPU KUMAR@PRADEEP KUMAR GUPTA, SON OF LATE RAMCHANDRA PRASAD RESIDENT OF VILLAGE-LAXMIPUR, P.S.- RAXAUL, DISTRICT-EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-07-2021 Heard Mr. Prateek Tondon, learned counsel for the petitioner and Ms. Anita Kumar Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 321 of 2020, instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

A meagre quantity of liquor is said to have been recovered from a scrap godown.

The learned counsel for the petitioner has submitted that he is not the owner of the aforesaid

Patna High Court CR. MISC. No.1790 of 2021(2) dt.14-07-2021 2/2 godown but runs his business as a tenant. Thus, the recovery cannot be attributed to the petitioner. However, considering the nature of accusation, I am not inclined to exercise my discretion for grant of anticipatory bail to the petitioner.

The prayer for bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail, that shall be considered on its own merits, taking into account that the petitioner has clean antecedents, and the court below shall pass orders in accordance with law, without being prejudiced by the fact that the present petition on his behalf has not been entertained by this Court.

(Ashutosh Kumar, J) skm/- U T