Daya Shankar Kumar @ Daya Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47004 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== Daya Shankar Kumar @ Daya Shankar Yadav Son of Kari Yadav, Resident of Village - Salha, P.S.- Benipatti, Dist.- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr.Kanhaiya Kishore (APP 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Benipatti P.S. Case No. 93 of 2019 registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It has been alleged that 93 litres of illegal liquor has been recovered from the joint house of the petitioner. Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below without being prejudiced by this order will take decision in accordance with law.

Mahesh/- (Shivaji Pandey, J) U T