Patna High CourtCR. MISC./74267/2019dismissed

Raushan Kumar @ Babu Singh v. The State Of Bihar

2019-12-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74267 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- HULASGANJ District- Jehanabad ====================================================== RAUSHAN KUMAR @ BABU SINGH Son of Late Ram Nivas Sharma @ Chamru Singh Resident of Village- Jaru, P.S.- Hulasganj, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2019 This application, for grant of anticipatory bail, arises out of Hulasganj P.S. Case No. 93 of 2019, disclosing offences under Sections 30 (a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of huge quantity of liquor from the cabin of petitioner situated at khandha of Sita Par. Submission of learned counsel for the petitioner is that the cabin, from where, recovery was made does not belong to the petitioner and he has falsely been made accused in this case and he has made a complaint in this regard to the Superintendent of Police also.

Learned counsel for the State opposed the prayer for bail and submitted that there is recovery of huge quantity of liquor from the cabin of the petitioner, therefore, he does not

Patna High Court CR. MISC. No.74267 of 2019(3) dt.12-12-2019 2/2 deserve the privilege of anticipatory bail.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner has to 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