Sudhir Yadav @ Chuhwa @ Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51611 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- SILAO District- Nalanda ====================================================== SUDHIR YADAV @ CHUHWA @ SUDHIR KUMAR S/o Rambilash Yadav R/o village- Moti Bigha, P.S.- Silao, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hansraj For the Opposite Party/s :
Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Silao P.S. Case No. 116 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
Allegation is of recovery of 5 litres of liquor from the house of the petitioner which appears from the FIR as well as seizure list.
Submission of learned counsel for the petitioner is that the house is an abandoned house and he has falsely been implicated having no criminal antecedent.
Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner stating that there is prima facie case against him, as such this application is not maintainable. In view of above facts and circumstances, I am not
Patna High Court CR. MISC. No.51611 of 2019(2) dt.19-08-2019 2/2 inclined to grant the privilege of anticipatory bail to the petitioner. However, if he surrenders and prays for regular bail, the same shall be considered on its own merit, without being prejudiced by this order 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