Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56064 of 2019 Arising Out of PS. Case No.-14 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== PRAMOD YADAV Son of Shrikishun Yadav @ Kisun Yadav Resident of Village- Barai Beili, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 This application, for grant of anticipatory bail, arises out of Kateya P.S. Case No. 14 of 2018, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

Prosecution case is that police on information that petitioner is carrying illegal liquor raided the place and saw one person coming on motorcycle and on seeing the police, the said person threw the bag, thereafter, on search of the bag 17 liters and 14 M.L. liquor was recovered and the Chowkidar disclosed the name of petitioner as the person, who succeeded in fleeing away. Apart from that it appears that he is accused in one more case of similar nature.

Submission of learned counsel for the petitioner is that he has been made accused in this case at the instance of

Patna High Court CR. MISC. No.56064 of 2019(2) dt.04-09-2019 2/2 local Chowkidar with whom the petitioner has enmity and except that there is nothing against the petitioner. Learned counsel for the State opposed the prayer for bail .

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T