Kapil Dev Uraw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49921 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- MATIYARIA District- West Champaran ====================================================== KAPIL DEV URAW Son of Bikau Uraw Resident of Village - Hasti Bairiya, P.S.- Matiyariya, Distt - West Champaran, Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Matiyariya P.S. Case No. 16 of 2019 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation is of recovery of one gallon of liquor from the possession of the petitioner.

Submission of learned counsel for the petitioner is that he has falsely been implicated at the instance of police, having no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that 10 litres of liquor have been recovered from his possession and he is named in the FIR. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the

Patna High Court CR. MISC. No.49921 of 2019(2) dt.09-08-2019 2/2 petitioner. However, if petitioner surrenders and prays for regular bail, the same shall be considered without being prejudiced by this order and, if possible, to be disposed of on the same day.

Accordingly, this application is dismissed.

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