Patna High CourtCR. MISC./56065/2019dismissed

Ghuran Mukhiya v. The State Of Bihar

2019-09-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56065 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== GHURAN MUKHIYA Son of Late Jibachh Mukhiya Resident of Village - Belwara, P.S.- Ghanshyampur, Distt - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 This application, for grant of anticipatory bail, arises out of Ghanshyampur P.S. Case No. 134 of 2018, disclosing offences under Sections 30 (a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 86 bottles each containing 375 M.L. liquor and 3 bottles each containing 750 M.L. of liquor from the field of the petitioner and he is named in the F.I.R.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case and the field from which, the alleged recovery has been made does not belong to the petitioner Learned counsel for the State opposed the prayer for bail and submitted that huge quantity of liquor has been

Patna High Court CR. MISC. No.56065 of 2019(2) dt.04-09-2019 2/2 recovered from the field of the petitioner and he does not deserve the privilege of anticipatory 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, without being prejudiced by this order.

This application is, accordingly, dismissed.

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