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Patna High CourtCR. MISC./44648/2019dismissed

Sudhir Singh v. The State Of Bihar

2019-07-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44648 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== SUDHIR SINGH, Son of Late Jaimangal Singh, Resident of Village - Ambakala, P.S.-Piprahi, District- Sheohar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Piprahi P.S. Case No. 91 of 2019, registered for the offence punishable under Section 30(A) of Bihar Prohibition and Excise Act pending in the court of Additional Sessions Judge-II-cum-Special Judge, Sheohar.

Allegation is of recovery of 2.1 litres of Nepali liquor from the shop of the petitioner.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and he has falsely been implicated in this case.

Heard learned APP, who has opposed the prayer for anticipatory bail on the ground of maintainability as there is prima facie case against the petitioner that liquor has been recovered from his shop.

Patna High Court CR. MISC. No.44648 of 2019(2) dt.19-07-2019 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 petitioner surrenders and prays for regular bail, the same 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