Patna High CourtCR. MISC./76363/2019dismissed

Dayanand Rishideo v. The State Of Bihar

2020-03-06Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76363 of 2019 Arising Out of PS. Case No.-192 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== Dayanand Rishideo, Son of Sri Haleshwar Rishideo, Resident of Village - Devaria Maishari Tola, P.S.- Araria, Distt - Araria, Bihar, Pin - 854311. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Excise Special Case No.192 of 2017 converted from Case No.C-127/16 registered for the offences punishable under Section 47(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that nothing has been recovered from the conscious possession of the petitioner. Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.76363 of 2019(3) dt.06-03-2020 2/2 Considering the facts and circumstances of the case wherein the illicit liquor is said to have been recovered from the house of this petitioner, in view of the Hon'ble Full Bench judgment of this Court in the case of Ram Vinay Yadav Vs. The State of Bihar reported in 2019 (2) PLJR 1089, this Court is not inclined to entertain the present anticipatory bail application. This application is, thus, dismissed. In case, the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. (Rajeev Ranjan Prasad, J) arvind/- U T