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Patna High CourtCR. MISC./50234/2019dismissed

Ramu Yadav v. The State Of Bihar

2019-08-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50234 of 2019 Arising Out of PS. Case No.-358 Year-2019 Thana- ARARIA District- Araria ====================================================== RAMU YADAV S/O Nathilal Yadav Resident of Mahadev Chowk, P.O. and P.S.and District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Special Case No.627/2019 arising out of Araria P.S.Case No.358 of 2019 , registered for offences punishable under Sections 30(a)/36/38 of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is that 04 ltrs. of liquor from the house of the petitioner.

Submission of the learned counsel for the petitioner is that he was not present there and he has been falsely implicated in this case and he has no criminal antecedent. Heard learned A.P.P. , who has opposed the prayer for bail on the ground that there is prima facie allegation against the petitioner, as such the case is not maintainable.

Patna High Court CR. MISC. No.50234 of 2019(2) dt.13-08-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if the petitioner surrenders an pay for regular bail, the same shall be considered on its own merit without being prejudiced by the order of this Court.

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