Shiv Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57341 of 2019 Arising Out of PS. Case No.-519 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== SHIV SHANKAR KUMAR S/o Late Daroga Thakur Resident of MohallaSubhash Nagar, Khemnichak, P.S.- Ramkrishna Nagar, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :
Mr. Anil Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Ramkrishna Nagar P.S. Case No. 519 of 2019, Spl. Case No. 6597 of 2019 registered for the offences punishable under Sections 30 (a), 37 (b) (c) of the Bihar Prohibition and Excise Act 2016.
Allegation is of recovery of 5.580 liters of foreign liquor was recovered from rented house of the petitioner. Submission of the learned counsel for the petitioner is that petitioner has been falsely implicated in this case and he has no criminal antecedent.
Heard learned A.P.P. also, who opposed the bail prayer on the ground that FIR itself shows that recovery is made from the rented room of the petitioner as such prayer for anticipatory bail is not maintainable.
Patna High Court CR. MISC. No.57341 of 2019(2) dt.11-09-2019 2/2 Having heard both sides, in view of the allegation and recovery of the liquor from the rented room of the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the leaned court below and make prayer for regular bail which will be considered on its own merits without being prejudiced by this order on the same day.
With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) T.Kr./- U T