Birendra Prasad @ Virendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60706 of 2019 Arising Out of PS. Case No.-193 Year-2019 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== BIRENDRA PRASAD @ VIRENDRA PRASAD Son of Late Babu Ram Prasad @ Prasad R/o Village- Katalpur, P.S.- G.B. Nagar, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with G.B. Nagar P.S. Case No. 193 of 2019 registered for the offences punishable under Sections 30(A), 36, 38, 41(i) of Bihar Prohibition and Excise Act and Sections 25(i), (A),(B), 26 and 35 of the Arms Act.

Allegation is of recovery of 708 litres of liquor and one country-made pistol from the house of Vishnu Mahto and petitioner is named in the FIR with the allegation that he has kept the same.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case, having no criminal antecedent and there is no recovery from his possession.

Patna High Court CR. MISC. No.60706 of 2019(2) dt.24-09-2019 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner.

In view of above facts and circumstances, this application is disposed of with direction to the petitioner to surrender within a period of two weeks from the receipt of this order and the court below shall verify from the case diary as to what are the materials showing involvement of the petitioner, except a general statement and if there is no specific material showing his involvement, learned court below shall release him on bail, otherwise petitioner has to surrender and pray for regular bail.

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