Mayank Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18402 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -PHULWARIA District- GOPALGANJ ====================================================== Mayank Jaiswal, Son of Late Jagdish Jaiswal, resident of VillageJamunaha, P.S. Kateya, District- Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pritish Ranjan, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 272, 273 and 420/34 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of liquor from the vehicle of the petitioner.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that there is nothing against the petitioner to show that either he is owner of the vehicle or anything has been recovered from the possession of the petitioner. He is in no way concerned with the aforesaid allegation.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.18402 of 2017 (2) dt.03-05-2017 2/2 In view of Section 76(2) of Bihar Prohibition and Excise Act, 2016, I am not inclined to grant anticipatory bail to the petitioner.

However, petitioner is directed to surrender in the court below at Gopalganj in connection with Fulwaria P. S. Case no. 50 of 2017 and make prayer for regular bail which will be considered on the basis of submissions above made and pass appropriate order preferably on the same day without being prejudiced by the order of this Court.

With the above observation, this application is disposed of.

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