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Patna High CourtCR. MISC./57382/2019dismissed

Ajay Singh v. The State Of Bihar

2019-09-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57382 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== AJAY SINGH S/o Late Lalan Singh R/o village- Bahuri, P.S.- Durgawati, District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Pathak For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2019 This application, for grant of anticipatory bail, arises out of Bhabhua P.S. Case No. 387/2019, disclosing offences under Sections 420, 419, 414, 467, 468, 469 and 34 of the Indian Penal Code and Sections 30(A)/32(1)(2) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 2016 litres of liquor from the campus of rice mill, which the petitioner alleged to have taken on lease. Apart from that petitioner is accused in six other case, out of which, one case is also under Excise Act. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and there is no recovery either from his house or at his instance. Learned counsel for the State opposed the prayer for bail.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.57382 of 2019(2) dt.11-09-2019 2/2 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