Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61005 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== 1.

SANJAY SAH Son of Ram Jeevan Sah Resident of Village- Sahuri, Ward No. 1, P.S.- Birpur, District- Begusarai.

2.

Dhiraj Sah Son of Ram Jeevan Sah Resident of Village- Sahuri, Ward No. 1, P.S.- Birpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2019 This application, for grant of anticipatory bail, arises out of Birpur P.S. Case No. 94 of 2019, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 115 litres of liquor from the field of petitioners.

Submission of learned counsel for the petitioners is that they have no criminal antecedent and have falsely been made accused in this case and further no description of land has been given in the F.I.R.

Learned counsel for the State opposed the prayer for bail on the ground that there is recovery from the land of

Patna High Court CR. MISC. No.61005 of 2019(2) dt.25-09-2019 2/2 petitioners.

Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather petitioners should 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, without being prejudiced by this order.

This application is, accordingly, dismissed.

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