Patna High CourtCR. MISC./66802/2019dismissed

Sudhir Kumar Yadav @ Sudhir Singh @ Sudhir Kumar v. The State Of Bihar

2019-10-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66802 of 2019 Arising Out of PS. Case No.-473 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== SUDHIR KUMAR YADAV @ SUDHIR SINGH @ SUDHIR KUMAR Son of Raja Singh Resident of Village- Sakhara, Police Station- Dehri, DistrictRohtas, (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Dehri Nagar P.S.Case no.473 of 2019registered for offences punishable under Sections 30(a) of Bihar Prohibition Excise Amendment Act, 2016..

As per FIR, the police got information that huge quantity of liquor has been kept by the petitioner in the Boring and on that information police raided the Boring and recovered more than 406 ltrs. of liquor from his Boring.

Submission of the learned counsel for the petitioner is that boring does not belong to the petitioner and he has no criminal antecedent.

Heard learned A.P.P. , who has opposed the prayer for bail

Patna High Court CR. MISC. No.66802 of 2019(3) dt.23-10-2019 2/2 on the ground that as per FIR and the seizure list there is recovery from the borign of the petitioner as such this application is not maintainable. .

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

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