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Patna High CourtCR. MISC./65758/2019dismissed

Bambam Yadav v. The State Of Bihar

2019-12-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65758 of 2019 Arising Out of PS. Case No.-275 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.

Bambam Yadav Son of Udho Yadav Resident of Village - Sanjhouti, P.S.- Allouli, District - Khagaria.

2.

Bantu @ Bhantu Yadav Son of Visho @ Visheshwar Yadav Resident of Village - Sondabhar, P.S.- Allouli, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-12-2019 This is an application for grant of anticipatory bail in connection with Allouli P.S. Case No. 275 of 2019, disclosing offences under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act.

In view of the submission made by learned counsel for the petitioners that petitioner no.1 has been arrested during the pendency of this application. As such, the application is dismissed as withdrawn against petitioner no.1. As per F.I.R., police got an information of carrying liquor in huge quantity in a pickup van. On that information, police raided the place of occurrence and recovered 380.880 liters of liquor from the said vehicle. On seeing the police party

Patna High Court CR. MISC. No.65758 of 2019(4) dt.03-12-2019 2/2 three persons succeeded in fleeing away from the spot but one was arrested who disclosed the name of the person who fled away from the place of occurrence.

Submission of learned counsel for the petitioner no.2 is that he has falsely been implicated in this case, having no criminal history.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail on the ground of recovery of huge quantity of liquor.

Having heard both sides, in view of the recovery, I am not inclined to grant privilege of anticipatory to the petitioner no. 2. He has to surrender and pray for regular bail. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Rahul Mishra/- U T