Dudhnath Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9539 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -MAIRWA District- SIWAN ======================================================

1. Dudhnath Giri S/o Nageshwar Giri, Resident of Village- Rasulpur, P.S.- Mahadeva O.P.(Siwan Muffasil), District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the State : Mr. Sri Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections-272/273 of the Indian Penal Code and 30(A), 37(B), 41(i) of Bihar Excise and Prohibition Act, 2016.

It is alleged that ten bottles of foreign made liquor as mentioned in the seizure list have been recovered from a Bolero car, on which, the petitioner was the driver. The petitioner managed to run away from the place of occurrence. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail filed in connection

Patna High Court Cr.Misc. No.9539 of 2017 (3) dt.04-04-2017 2/2 with Mairwa P.S. Case No. 02 of 2017 stands rejected. However, the petitioner is directed to surrender before the court below and seek regular bail, which shall be considered and disposed off on its own merit without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T