Patna High CourtCR. MISC./49768/2019dismissed

Mukesh Kumar v. The State Of Bihar

2019-08-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49768 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== MUKESH KUMAR, Son of Vishwanath Prasad @ Vishwanath Sah Resident of Village-Govindapur, P.S.-Harsidhi, District-East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Harsidhi P.S. Case No. 91 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Prosecution case is that police on information that one co-accused Kanhaiya Prasad stored liquor in his field raided the place and recovered huge quantity of liquor from the field of co-accused Kanhaiya Prasad, who disclosed the name of the petitioner, who happens to be his brother and they are engaged in liquor trade and after selling the liquor they used to distribute the amount among them.

Submission of learned counsel for the petitioner is that there is nothing on record to show that recovery has been made from his possession or from his house and he has falsely

Patna High Court CR. MISC. No.49768 of 2019(2) dt.08-08-2019 2/2 been implicated, having no criminal antecedent. Heard learned APP, who has opposed the prayer for anticipatory bail stating that there is prima facie allegation against the petitioner and furthermore investigation is still going on.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail. With the above observation, this application is dismissed.

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