← Library
Patna High CourtCR. MISC./48869/2019dismissed

Nawal Yadav v. The State Of Bihar

2019-08-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48869 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- KOTWA District- East Champaran ====================================================== NAWAL YADAV, Son of Vir Bahadur Yadav, Resident of Village - Dipau, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2019 This is an application for grant of anticipatory bail in connection with Kotwa P.S. Case No. 134 of 2019, disclosing offences under Sections 272 & 273 of IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation of recovery of 1000 liters of spirit was recovered from the house of the petitioner.

Submission of the learned counsel for the petitioner is that it has not been recovered from the residential house, rather same was recovered behind the joint house of the petitioner. He has no criminal antecedent.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that recovery was made from the house of the petitioner and he has not denied the same was not his house and as such, this application is not maintainable.

Patna High Court CR. MISC. No.48869 of 2019(2) dt.06-08-2019 2/2 Having heard both sides, in view of the allegation and the huge quantity of spirit recovered from the house of the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T