Pantu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43407 of 2016 Arising Out of PS.Case No. -159 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ====================================================== Pantu Kumar Yadav son of Sri Mahendra Prasad Yadav, resident of Village- Gwartoli (Nadraganj Pul Par), P.S.- Civil Lines, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Excise Case No. 159 of 2016, disclosing offence under Sections 47(a) of the Excise Act.

Learned counsel for the petitioner has submitted that the place from where the seizure of five litres of illicit country made liquour was made does not belong to him. According to him, the petitioner has a Lassi shop nearby and, therefore, he has been falsely implicated.

However, considering the fact that despite prohibition in the State of Bihar, the petitioner has been found indulging in sale

Patna High Court Cr.Misc. No.43407 of 2016 (2) dt.26-10-2016 2/2 of illicit country made liquour, I am not inclined to grant him privilege of anticipatory bail.

Accordingly, this application for anticipatory bail is, hereby, rejected.

The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail. (Chakradhari Sharan Singh, J) Vats/-c U T