Manoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55346 of 2019 Arising Out of PS. Case No.-186 Year-2019 Thana- OBRA District- Aurangabad ====================================================== MANOJ YADAV, aged about 45 years, Male, Son of Shivpujan Yadav, Resident of Village - Obra, P.S.- Obra, District - Aurangabad ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Akhilesh Kumar Pandey, Adv.
For the Opposite Party :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Obra P.S. Case No. 186 of 2019, CIS No. 751 of 2019, pending in the Court of the Additional District Judge VII-cum-Special Judge, Excise, Aurangabad, for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is of recovery of 48 canes, each containing 500 ml beer, 4 bottles, each containing 750 ml of Indian made foreign liquor and 17 bottles, each containing 375 ml of Indian made foreign liquor from the straw house of the petitioner.
The submission of the learned counsel for the petitioner is that the straw house of the petitioner is open and any person can easily access the straw house. Petitioner has no
Patna High Court CR. MISC. No.55346 of 2019(2) dt.02-09-2019 2/2 criminal antecedent.
Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.
Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.
(Rajendra Kumar Mishra, J) Shamshad/- U T