Patna High CourtCR. MISC./55403/2019dismissed

Shree Lal Yadav v. The State Of Bihar

2019-09-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55403 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== 1.

SHREE LAL YADAV Son of Late Malhu Yadav Resident of Village - Baisa, P.S.- Maraiya (Parbatta), District - Khagaria 2.

Gunjesh Kumar Son of Shree Lal Yadav Resident of Village - Baisa, P.S.- Maraiya (Parbatta), District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2019 Petitioners seek bail in anticipation of their arrest in connection with Parbatta (Maraiya) P.S. Case No. 180 of 2019, G.R. No. 1383 of 2019, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, pending in the court of Special Judge, Excise Act, Khagaria. Allegation is of recovery of 138 bottles, each containing 375 ML of liquor from the Bari of the petitioners and it further appears that petitioner No.2 is an accused in a case under Sections 395 and 412 of IPC.

Submission of learned counsel for the petitioners is that nothing has been recovered from their house, rather from the Bari of the petitioners and petitioner No.1 has no criminal

Patna High Court CR. MISC. No.55403 of 2019(3) dt.11-09-2019 2/2 antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioners stating that seizure list disclosed that recovery is made from the Bari of the petitioners. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. They may surrender and pray for regular bail, which 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