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Patna High CourtCR. MISC./79173/2018rejected

Om Prakash Sah v. The State Of Bihar

2019-03-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79173 of 2018 Arising Out of PS. Case No.-162 Year-2018 Thana- PANAPUR District- Saran ====================================================== Om Prakash Sah, Son of Yogi Sah @ Rajendra Sah, Resident of Village - Bhoraha Basari, P.S. Panapur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 The petitioner apprehends his arrest in connection with Panapur P.S.Case No. 162 of 2018 registered under Sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. Allegation as per FIR is that police, on receiving information that petitioner and other accused persons kept huge quantity of liquor at the Rampur Rudra Ghat, raided there but accused persons succeeded in fleeing away. Police recovered 600 litres of country made liquor and Chaukidar has disclosed the name of petitioner and other accused persons. Submission of learned counsel for the petitioner is that he has no criminal antecedent and nothing has been recovered from his possession.

Heard learned APP also who has opposed the prayer of anticipatory bail stating that Chaukidar has named the petitioner.

Patna High Court CR. MISC. No.79173 of 2018(4) dt.26-03-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to him rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order, if possible, on the same day. (Vinod Kumar Sinha, J) sujit/- U T