Musafir Ram @ Mosafir Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50188 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- AMNAUR District- Saran ====================================================== MUSAFIR RAM @ MOSAFIR RAM Son of Late Lochan Ram Resident of Village - Jhakhari, P.S.- Amnaur, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2019 This application, for grant of anticipatory bail, arises out of Amnaur P.S. Case No. 181/2019, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition of Excise Act, 2016. Allegation is of recovery of 4 litres of country made liquor from the house of the petitioner.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case and the house from which, the recovery has been made is a joint house.

Learned counsel for the State opposed the prayer for bail and submitted that recovery is from the house of the petitioner and, therefore, a prima facie case is made out against the petitioner.

Patna High Court CR. MISC. No.50188 of 2019(2) dt.13-08-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

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