Manoj Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67245 of 2019 Arising Out of PS. Case No.-256 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== MANOJ ROY Son of Gajendra Roy Resident of Village - Karahi Khurd, P.S.- Basantpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Basantpur P.S. Case No.256 of 2019 registered under Sections 272, 273 and 308 of the Indian Penal Code besides Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, pending in the court of the Additional Sessions Judge-II-cumSpecial Judge, Excise, Siwan. The accusation is of recovery of 96 pouches, each containing 180 ml. Indian Made Foreign Liquor, from the hut of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner was not found present at his hut at the

Patna High Court CR. MISC. No.67245 of 2019(2) dt.14-11-2019 2/2 time of the alleged recovery.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T