Shyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55670 of 2019 Arising Out of PS. Case No.-343 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Shyam Kumar, S/o Ramesh Ram, R/o Village- Pakhnaha Jitwar, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Singh, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-09-2019 This is an application for grant of anticipatory bail in connection with G.R. No. 1203 of 2019, Minapur P.S. Case No. 343 of 2019, disclosing offences under Sections 272, 273, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation of recovery of 7 liters of liquor from the house of Nitesh and Vikash and the allegation also disclosed that a motorcycle bearing Registration No. BR064/1369 was recovered from the Verandah of the petitioner and he has not produced any paper with respect to the recovered motorcycle. Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case, having no criminal antecedent. Further submission is that house is in joint possession.
Patna High Court CR. MISC. No.55670 of 2019(2) dt.03-09-2019 2/2 Heard learned A.P.P. also who has opposed the prayer for bail of the petitioner.
Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below for regular bail which will be considered by the learned court below on its own merit, without being prejudiced by order of this Court, and if possible, be disposed of on the same day.
With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T