Patna High CourtCR. MISC./48768/2019bail rejected

Sikindar Das @ Sokindar Das @ Hari Das v. The State Of Bihar

2019-08-06Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48768 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== Sikindar Das @ Sokindar Das @ Hari Das Son of Moti Das Resident of Village - Budhnagra, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Nanpur P.S. Case No.134 of 2019 for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner, as mentioned in the FIR is that the house of the petitioner was searched by the police and recovered 92.162 litres country-made liquor. Learned counsel, Ms. Madhubala Verma, submits that petitioner is innocent and has falsely been implicated in this case inasmuch the house belongs to the joint family and is not completely owned by the petitioner. Learned counsel further submits that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.48768 of 2019(2) dt.06-08-2019 2/2 After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that liquor has been recovered from the house of the petitioner, accordingly, in view of Full Bench judgment passed in Cr. Appeal (SJ) No.431 of 2019, I am not inclined to exercise my discretion under Section 438 of Cr.P.C. As such the present anticipatory bail application is hereby rejected.

(Anil Kumar Sinha, J) sanjeev/- U T