Chandan Kumar Yadav @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4122 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- FULKAHA District- Araria ====================================================== Chandan Kumar Yadav @ Chandan Yadav son of Kalyan Yadav resident of village- Manikpur, Ward No.-11, P.S.- Fulkaha, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Spl. Case No.706 of 2018 arising out of Fulkaha P.S.Case No.105 of 2018 registered for offences punishable under Section 30 (a) of Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 567 ltrs. of liquor from the bushes outside the house of the petitioner.

Submission of the learned counsel for the petitioner is that nothing has been recovered from his house and he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant

Patna High Court Cr.Misc. No.4122 of 2019(3) dt.22-02-2019 2/2 anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

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