Patna High CourtCR. MISC./58637/2019disposed

Avinash Kumar v. The State Of Bihar

2019-09-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58637 of 2019 Arising Out of PS. Case No.-392 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Avinash Kumar, S/o Shankar Bhagat, R/o Village- Kharika, P.S.- Minapur, (O.P. Panapur), District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2019 This is an application for grant of anticipatory bail in connection with Minapur P.S. Case No. 392 of 2019, disclosing offences under Sections 272 & 273 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case is that police has got a confidential information that petitioner has kept conceal the liquor at his Pumping Set and on that information, police raided the house of the petitioner and from the Pumping Set just beside the house of the petitioner 15 liters of liquor has been recovered. Submission of the learned counsel for the petitioner is that recovery is not from his conscious possession or from his house. The F.I.R. itself shows that the same has been recovered from the outside house of the petitioner and rather from the

Patna High Court CR. MISC. No.58637 of 2019(2) dt.17-09-2019 2/2 public land. Further submission is that he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below, and if possible, be disposed of on the same day. (Vinod Kumar Sinha, J) Sunil Shukla/- U T