Dev Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48779 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Dev Narayan Yadav Son of Sudeshwar Yadav Resident of Village - Barhi (Anguar), P.S.- Keoti, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with G.O. Case No. 147 of 2019 arising out of Sadar (Mabbi O.P.) P.S. Case No. 58 of 2019, registered under Section 30(a) of Bihar Prohibition of Excise Act, 2016.

The allegation against the petitioner is that police has recovered a total quantity of 29.1 liter illicit liquor from the scooty belonging to the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case by the police with oblique motive. Liquor was found from an abundant scooty which was lying near Jagalheeha pound in

Patna High Court CR. MISC. No.48779 of 2019(2) dt.06-08-2019 2/2 which 29.1 liters of illicit liquor was kept. After having heard learned counsel for the parties and taking into consideration the fact that illicit liquor has been recovered from the vehicle 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 the Cr.P.C. As such the present anticipatory bail application is hereby rejected.

However, if the petitioner surrenders before the Court below within a period of fifteen days from today and seeks regular bail, the learned Court below shall consider his application for regular bail on the same day without being prejudiced to the fact that the present application has been dismissed.

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