Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18942 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dharmendra Kumar, S/o Shyambabu Prasad Gupta, Resident of Vill.- Bhelahi, P.S.- Palanwa, Distt.- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-05-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Palanwa P.S. Case No. 73 of 2016 for the offence punishable under section 30 (A) of the Bihar Excise Act, 2016.

Allegedly, from the house of the petitioner 25 bottles of Nepali country made illicit liquor each containing 300 ml. was recovered and the petitioner succeeded in fleeing away. Submission is of false implication and that the petitioner has not been arrested at the spot, nothing has been recovered from conscious possession of the petitioner and as such

Patna High Court Cr.Misc. No.18942 of 2017 (2) dt.22-05-2017 2/2 he deserves sympathetic consideration.

The learned A.P.P. seriously opposes prayer for prearrest bail of the petitioner. In the facts and circumstances as stated above, considering the alleged recovery from the house of the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. East Champaran at Motihari.

(Jitendra Mohan Sharma, J) Abhay/- U T