Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53787 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- SAHARGHAT District- Madhubani ====================================================== MAHESH YADAV, aged about 55 years, Male, S/o Ramprit Yadav, R/o village- Baswariya, P.S.- Saharghat, District- Madhubani ... Petitioner

Versus

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

For the Petitioner :

Mr. Subhash Kumar Jha, Adv.

For the Opposite Party :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Sherghat P.S. Case No. 31 of 2019, pending in the Court of the Sessions Judge II-cum-Special Judge, Excise Act, Madhubani, for the offences alleged under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is of recovery of 10.440 liters of Nepali Saufi wine under the stair of the house of the petitioner. The submission of the learned counsel for the petitioner is that petitioner has no criminal antecedent and at the time of occurrence the petitioner was not apprehended in this case.

Learned Additional Public Prosecutor for the State

Patna High Court CR. MISC. No.53787 of 2019(2) dt.27-08-2019 2/2 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