Patna High CourtCR. MISC./79830/2019rejected

Hindu Baski v. The State Of Bihar

2020-02-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79830 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== Hindu Baski S/o Sukru Baski R/o Village- Bagnagar, Ward No. 7, Lathora, P.S.- and District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan (App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in connection with Special Case no. 908 of 2019 (arising out of Sadar Central Excise Case no. 32 of 2019) in District Araria registered for the offence under sections 30(a) and 37(b) (d) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the FIR, 10 litres of country liquor is stated to have been recovered from the Angan inside the house of the petitioner.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. No recovery as alleged has taken place and the

Patna High Court CR. MISC. No.79830 of 2019(3) dt.20-02-2020 2/2 petitioner has no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegation of recovery of 10 litres of country liquor from inside the house of the petitioner, the Court is not inclined to enlarge the petitioner on anticipatory bail and as such his application for anticipatory bail is rejected. The petitioner is directed to surrender in the Court below within four weeks.

(Partha Sarthy, J) Prakash/- U