Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48055 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== DILIP KUMAR, Son of Nawal Rai Resident of village- Chakaku, P.S.- Bhagawanpur, District- Vaishali.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Namrata Mishra For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Kurhani P.S. Case No. 65 of 2019, G.R. No. 244 of 2019, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 10 of Bihar Prohibition and Excise Amendment Act. As per FIR there is allegation that on confidential information that petitioner and other accused persons were engaged in trade of liquor raided the house of one Sanjeev Kumar and recovered 242.250 litres of liquor and it further appears that petitioner is accused in one more case of similar nature.
Submission of learned counsel for the petitioner is that nothing has been recovered from his possession and he has falsely been implicated.
Patna High Court CR. MISC. No.48055 of 2019(2) dt.05-08-2019 2/2 Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioner on the ground that he has criminal antecedent.
In view of the fact that petitioner is named in the FIR and he has criminal antecedent also, 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 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